STATE BY PUBLIC PROSECUTOR Vs. R. SUNDARARAJAN

JUDGEMENT

(1.) THIS is an appeal filed by the State against the order of the court of the Sub Divisional Magistrate; Sankari, acquitting the accused (R. Sundararajan) of the offence of contravening rules 35 and 37 of the Madras Motor Transport Workers Rules, 1965. P.W. 1 is the Deputy Inspector of Labour, Salem. He had the necessary territorial jurisdiction over the entire Salem district for inspection of the motor undertakings including the Namakkal Bus service, Namakkal. On 12th March, 1970, at 12.25 p.m., P. W. 1, inspected this undertaking and the accused was then present. The accused was the managing partner of this undertaking. The complaint of P. W. 1 is that Form XV was not maintained properly because the accused failed to make entries relating to the periods of work, the time at which the work commenced, the rest intervals and the time at which the work ceased for the motor transport workers employed in this undertaking. Thus, the accused has contravened 35 of the Madras Motor Transport Workers Rules 1965,punishable under Section 32 of the Motor Transport Workers Act, 1961 (Central Act XXVII of 1961). The accused also failed to maintain the Register under Form XVII which amounts to contravention of Rule 37 of the Madras Motor Transport Workers Rules, punishable under Section 32 of the Central Act XXVII of 1961.

(2.) P . W. 1 prepared Ex. P. 3, inspection notes, at the spot. On 16th March, 1970, P. W. 1 issued Ex. P. 4, a show cause notice, to the accused enclosing Ex. P. 5, a copy of the inspection order. In Ex. P. 6 the accused sent the reply on 18th March, 1970. P. W. 1 received the reply, Ex. P. 6 from the accused, and thereafter, P. W. 1 sent a letter dated 30th March, 1970 under the original of Ex. P. 7, intimating to the accused that he was at liberty to file an appeal within 30 days to the Chief Inspector of Madras. In reply to Ex. P. 7, the letter of P. W. 1, the accused sent Ex. P. 8 reply dated 27th May, 1970 enclosing certain documents and the same was received by P. W. 1 only on 5th June, 1970.

(3.) THE learned Magistrate found the accused not guilty of contravening rules 35 and 37 of the Madras Transport Workers Rules.