STATE OF GUJARAT Vs. BHIKHUBHAI PHULCHAND SHAH

JUDGEMENT

(1.) All these appeals involved not only the common question of law but common question of fact also and, therefore, they are disposed of by this common judgment.

(2.) The State has filed these appeals against the order of acquittal dated 31st January, 1990, passed by Judicial Magistrate First Class, Anand, in respective Criminal Cases Nos. 4235 of 1988 to 4241 of 1988, whereby, accused were prosecuted under Sec. 92 read with Rule 110 (A) of the Factories Act.

(3.) In all these cases accused are same being an employee of respective worker. He was prosecuted for non-compliance of said rule which provided for identity card with photograph. Defence of the accused was that all these employees were employed on the same day when the Factory, Inspector visited the factory. It was being the first day of the employee the identity card with photograph could not be provided with. To this effect when a remark was made in the Inspector Register, Factory owner i.e., accused has also submitted his written explanation to this effect. Despite this, the accused came to be prosecuted and are acquitted. This judgment and order of acquittal is challenged in these appeals.