STATE OF GUJARAT Vs. HARIBHAI VITHALBHAI THAKAR

JUDGEMENT

(1.) The very short but interesting question which has emerged in this group of 18 appeals under Sec. 378 of the Code of Civil Procedure, 1973 is, whether the respondent-original accused Manager of the factory is liable for the offences punishable under Sec. 92 of the Factories Act, 1948 ('Act' for short) for committing violation of the provisions of Sec. 62(1)(a) of Factories Act and also the provisions of Rules 95(1) and 110-A of the Gujarat Factories Rules, 1963 ? (Rules of 1963).

(2.) In this group of 18 acquittal appeals, the appellant State of Gujarat has questioned the legality and validity of a common acquittal judgment and order passed by the learned Judicial Magistrate, First Class, Wadhwan on 29-12-1992 in Criminal Case Nos. 208 to 225 of 1987, by invoking the aids of the provisions of Sec. 378 of the Code of Civil Procedure, 1973 (Code).

(3.) Since in this batch of 18 appeals, common questions are involved and arise out of a common judgment between common parties, all matters are being disposed of by this common judgment.