STATE Vs. G BOSAN

JUDGEMENT

(1.) The respondent was prosecuted by the appellant for the offence committed under Section 8 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 in S.T.C. No.3926 of 2003 on the file of the Judicial Magistrate-V, Salem. The learned Judicial Magistrate acquitted the respondent by a judgment dated 30.07.2004 and aggrieved by the same, the present appeal is filed by the prosecution.

(2.) The case of the appellant is that the respondent is an employee as defined under the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (hereinafter referred to as 'Act') and as per Section 3, every employee employed is entitled to three national holidays and five other holidays and the employer shall maintain a Register in Form No.6 by making the entry relating to the number of holidays as stated under Section 3. It is the further case of the appellant that on the date of inspection, the respondent did not maintain Form No.6 and therefore, he has violated Rule 7(1) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Rules, 1959, (in short 'Rules') which is punishable under Section 8 of the Act. To prove the said charge, the complainant examined himself as P.W.1 and marked his Inspection Report dated 13.05.2003 as Ex.P1; Show Cause notice dated 20.05.2003 as Ex.P2; order dated 27.06.2003 as Ex.P3 and the letter of the respondent dated 02.06.2003 as Ex.P4. The respondent examined himself as D.W.1 and marked Form No.6 as Ex.D1.

(3.) The learned Magistrate held that the respondent maintained Form No.6 as proof and as it was also signed by P.W.1 on 30.01.2003, acquitted the respondent, as he has not committed any offence punishable under Section 8 of the Act. Aggrieved by the same, the present appeal is filed.