P THANGAPANDIAN Vs. REGISTRAR

JUDGEMENT

(1.) THIS writ petition is filed challenging the circular issued by the first respondent the Registrar, High Court, Chennai, dated 14.09.1995. As per the said impugned circular, the first respondent, while referring to the decision of the full court of the High Court, and considering that the penalty for violation of any offence under Factories Act has been enhanced to Rs.1 lakh and in view of the said enhancement, the Judicial Magistrate cannot levy a fine beyond Rs.5,000/-, passed a resolution directing the Chief Judicial Magistrates to withdraw the cases pending under the Factories Act and filed before the amendment came into existence in which the punishment to be imposed is beyond the competency of Judicial Magistrates.

(2.) THE writ petitioner, who is working as a Factory Manager of M/s.Standard Fire Works Ltd., Thayalpatti via, Sivakasi, Virudhunagar District, states that in respect of offence punishable under the Factories Act, 1948, which is a Central Act, Section 105 (2) contemplate that no court below that of a Presidency Magistrate or Magistrate of First Class shall try any offence punishable under the said Act.

(3.) ACCORDING to the first respondent, while Section 29 of the Criminal Procedure Code empowers the First Class Magistrates to imposed the sentence of fine upto Rs.5,000/-, by amending under Section 94 of the Factories Act enhancing the minimum penalty to that of Rs.1 Lakh in respect of offences punishable under Section 92 of the Factories Act, in effect no such offence can be tried by the First Class Magistrates and the very purpose of the amendments will be thwarted and therefore the impugned order came to be passed.