STATE Vs. P A SUNDARAM

JUDGEMENT

(1.) THIS appeal has been filed by the State against the order of acquittal passed by Sri K. P. Pandey, Special Judicial Magistrate, Allahabad, dated 13-11-1978.

(2.) IT appears that the Factory Inspector filed a complaint against the respondents in the court of the Magistrate complaining of breach of Rules 3 and 8 namely that the annual increments as due under the rules were not paid to Sri P. P. Pathak, Welfare Officer from the period 1972 onwards. The respondents pleaded not guilty and contended that no breach was committed by them. The learned Magistrate held that the matter of increment cannot be a subject of prosecution under Section 92 of the Factories Act and has recorded an acquittal in the case.