STATE Vs. A K KANGULI

JUDGEMENT

(1.) THE State has filed this appeal challenging the acquittal of the respondent by the Chief Judicial Magistrate, South Arco t at Cuddalore in S. T. R. No. 421 of 1986, tried for offences under Rule 128 (3), Rule 44 and Rule 62a of the Tamil Nadu Factories Rules 1950 read with Sec. 19 (3) and Sec. 43 of the Factories Act, 1948.

(2.) THE gravaman of the charges against the respondent was that, when P. W. 1 the Inspector of Factories visited the respondent's factory "diamond Engineering Company at D. No. 5, Imperial Road, Cuddalore on 23. 7. 1986 at 10. 30 a. m. the respondent was found to be carrying on manufacturing process in the factory without producing a certificate of stability in respect of the building in the Form required under the. Rules, was found not to have provided urinal accommodation for the use of the workers and was found not to have provided for the use of the employed, persons, adequate and suitable facilities for keeping clothings not worn during working hours and for drying of wet clothings, Since no reply was received by the respondent for the show cause notice issued to him, the prosecuting was launched.

(3.) THE proved facts are as follows: THE respondent is the owner of'diamond Engineering Company'located at D. No. 5, Imperial Road , cuddalore, which is engaged in manufacturing and repairing of fuel injunction pump for motor vehicles. THE manufacturing process was being carried on with the aid of power using an electrical motor 11. 58 H. P. At the time of the inspection by P. W. I, manufacturing and repairing work was beingactually done and 11 persons were working inside the premises. Of them 3 were engaged in clerical work. Besides them, there were one Store Keeper, one Assistant Store keeper, one Foreman, one Assistant Foreman, two Mechanics, one Assistant mechanic and one pump cleaner, it is on these facts that it is contended that the 3 men engaged in clerical work are not workers within the definition as found in Sec. 2 (1) of the Factories Act, 1948 and as such Diamond. Engineering Company is not a factory under the Act.