STATE Vs. D N BHARGAVA

JUDGEMENT

(1.) This is an appeal on behalf of the State against the order of acquittal passed in favour of the respondents by the learned Civil and Sessions Judge of Allahabad for the offence of breach of Section 61 of the Factories Act 1948 read with Rule 77 of the U. P. Factories Rules of 1950.

(2.) The facts of the case are in a very narrow compass. On 10-8-1956 Sri A. N. Misra, Inspector of Factories. U. P. visited Tirathraj Press which is situate at 93 Chowk, Allahabad, of which Sri D. N. Bhargava was the occupier and Mujib Ullah, the other respondent, manager. When Sri A. N. Misra inspected the factory he found that neither the notice of period of work according to which workers were required and allowed to work in the factory was displayed anywhere in the factory nor a copy of the same had been submitted to the Chief Inspector of Factories U. P. He accordingly made a note of it in his inspection book. A complaint was, accordingly, filed by the Chief Inspector of Factories, Sri G. D. Bishnoi, on the 1st of November 1956, charging both the respondents for breach of Section 61 of the Factories Act read with Rule 77 of the Factories Rules.

(3.) The accused pleaded not guilty to the charge. The Manager Mujid Ullah stated that the notice was displayed on the table of Sri D. N. Bhargava and a copy of it was sent to the Chief Inspector of Factories on 10-8-1956 under a registered cover. Sri D. N. Bhargava also stated that the notice was displayed at his table and a copy of the same had been sent to the Chief Inspector of Factories.