IN RE: M. RAJAMANI Vs. STATE

JUDGEMENT

(1.) THE Petitioner in Crl.R.C. Nos. 867, 871 and 872 of 1969, is the Manager of the Indian National Fire Works situated in Inam Gangarakottai village in Ramanathapuram Dt. The Petitioner in the other two Crl,R. Cs. Nos. 868 and 869 of 1969 is the proprietor.

(2.) SUB -section (1) of Section 61 of the Factories Act states that in every factory notice showing the periods of work for adults, etc., should be displayed in accordance with the provisions of Sub -section (2) of Section 108. Sub -section (9) requires that a copy of this notice should sent in duplicate to the inspector. This notice should be in form No. 11 as prescribed by Rule 79. Clause (a) of Section 68 prohibits the employment of a child below 14 or an adolescent for work without a certificate of fitness and this certificate should be in the custody of the manager of the factory. Rule 87 states that the manager should keep a register called the "Leave with wages Register". There should also be a master roll showing all the workers in the factory. Rule 5 framed under the Madras Payment of Wages Rules, 1937 states that a register of wages should be maintained by every pay master and the non -maintenance will be a contravention punishable under Rule 23.

(3.) UNDER Section 2, Clause (m) of the Factories Act, factory "means" "any premises including precincts thereof -(i) where on ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. "Under Clause (L) of this section 'workers' means a person employed directly or through any agency, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process."