MAHABIR PRASAD Vs. STATE

JUDGEMENT

(1.) THE Applicant has been convicted for an offence Under Section 62 of the Factories Act read with Rule 78 of the U.P. Factories Rules and sentenced to pay a fine of Rs. 500/ - by the SDM, Etmadpur, Ferozabad, Agra. He filed an appeal before the Sessions Judge, Agra which was dismissed on 1 -10 -1970. Hence this revision.

(2.) THE case against the Applicant is that he did not maintain a proper attendance register of his employees in his factory. The Inspector of factories found on inspection that two women and three men worked in the factory but their names had not been mentioned in the attendance, register. This was against the rules; hence he was prosecuted on a complaint filed by the inspector of factories.

(3.) THE learned Counsel for the Applicant has contended that Sri V.N. Agarwal who filed a complaint in the present case was not authorised to do so. He has relied upon Sections 8 and 9 of the Factories Act which runs thus: