RAM KISHAN AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) RAM Kishan Agarwal has been convicted under Section 36 of the U. P. Shops and Commercial Establishments Act, 1962 (Act No. XXVI of 1962) and sentenced to pay a fine of Rs. 100/ -. . The conviction was confirmed but the sentence was reduced to fine of Rs. 25/- only by the First Addl. District and Sessions Judge, Bijnor by his order dated August 26, 1975, in Cr. Appeal No. 72 of 1975.

(2.) THE prosecution case is that the shop was inspected on 20-4-1973 by Sri G. P. Bahuguna Labour Inspector, Bijnor. Some irregularities were found. The applicant could not produce the register of employees employed at the shop, the register of fine and its realisation and also the register showing the deductions made from the wages of the employees. It was also discovered that the applicant did not display notices as required in Forms 'ga' and 'kha' and thus violated the provisions of Section 32 of the Act. The applicant was, therefore, prosecuted on the basis of the complaint filed by the Labour Inspector. The applicant had denied that he had committed these irregularities. Both the lower courts have found the prosecution case proved and convicted and sentenced the applicant, as stated above.

(3.) ONE of the grounds taken is that it has not been proved that Sri G. P. Bahuguna was the Labour Inspector and was authorised to inspect the shop under the Act. The lower appellate court has dealt with this aspect and has referred to a notification issued on 15-3-1973 under which the State Government had appointed certain Labour Inspectors for various areas in the State to perform the duties under Section 29 of the Act No. XXVI of 1962. In this notification, it is clear that he was appointed Inspector under the Act for the district of Bijnorj and as such he could perform the duties under Section 29 of the Act. The lower Appellate Court has rightly distinguished the case of State v. Kailash Chandra Bhargava 1970 All Cr. R. 525.