P K ABU BACKER Vs. STATE

JUDGEMENT

(1.) THE petitioner was convicted, for offences under section 6 of the Factories Act, read with rule 4 (1) of the Tamil Nadu Factories Rules, under section 7 of the Factories Act read with rule 102 of the Tamil Nadu Factories Rules and section 112 of the Factories Act read with rule 103 of the Tamil Nadu Factories Rules sentenced to pay a fine of Rs.100 on each one of the counts in default to under go simple imprisonment for one month on each count.

(2.) THE petitioner filed an appeal in C.A.No.72 of 1979 before the learned Sessions Judge, Madras, against the conviction and sentence, passed by the trial Court. The learned Sessions Judge, dismissed the appeal confirming the conviction and sentence passed on the petitioner. The present revision is directed against the order of dismissal passed by the Sessions Judge, in C.A.No. 72 of 1979.

(3.) THE petitioner -s case is that the workmen who are working in his premises are working under independent contractors outside his premises and that only thirteen workers were working under him for which he has maintained an attendance register and salary register. The petitioner examined, himself as D.W.1. He also examined on his side D.W. 2 to show that the raw materials were used to be supplied to the contractors, that they used to get the work done outside and return the finished products to this concern.