STATE Vs. MIRZA BASHIR BEG

JUDGEMENT

(1.) THIS Government appeal is directed against the order of the Temporary Sessions Judge, Mathura dated 2-4-1969 acquitting the respondent of the charge of contravening Rules 18 and 20 of the U. P. Dookan Aur Vanijya Adhisthan, Niyamawali, 1963.

(2.) THE case against the respondent was that he was the proprietor of M/s. Quality Tailors situate in Kanhaiya Cloth Market, Mathura and on 18-10-1967 when Sri S. P. . Singh. Labour Inspector, Mathura visited the said shop he found that the proprietor did not maintain leave register, fine and deduction register and inspection book and further that the attendance register was incomplete. According to the Labour Inspector the extracts of the provisions of law relating to the shops were also not exhibited on the shop. The Labour Inspector, therefore, made an inspection note referring to the aforesaid shortcomings and mentioned Section 32 and Rules 18 and 20 as the provisions of law which had been contravened-

(3.) SECTION 32 of the Dookan Aur Vanijya Adhishthan Act is a general provision which enjoins on an employer the duty of maintaining such register and records and displaying such notices as may be prescribed. It is. therefore, necessary to turn to the rules in order to find out as to what registers, records and notices have been actually prescribed. Since in the inspection note of the Labour Inspector himself the only rules referred are Rules 18 and 20 we are concerned in the present case only with such registers and records etc. as are covered by those rules. Rule 18 requires that every employer shall maintain (a) a register of attendance and wages in Form "g". and (b) a register of leave in Form "h". Sub-rule (2) of Rule 18 says that every employee shall exhibit in his shop or commercial establishment a notice containing such extracts of the Act and these rules in Hindi writen in Devnagri script, as the Chief Inspector may direct. Sub-rule (4) of Rule 18 provides that in any register or record which an employer is required to maintain under these rules, the entries relating to any day shall as far as possible be made on that articular day. Rule 20 provides that every employer shall maintain an Inspector's Visit and Inspection Book in his shop or commercial establishment and shall produce the same before the inspector on demand. The book shall contain all inspection notes recorded or issued by inspector in respect of that shop or commercial establishment.