STATE GOVERNMENT Vs. JIWA BHAI NATHABHAI

JUDGEMENT

(1.) THE respondent Jiwabhai, owner of a rice mill at Uttai, Durg district, and Ratilal, Manager, thereof, were each convicted and sentenced to pay a fine of Rs. 25 by the Judge-Magistrate, Durg, under Section 92, Factories Act, 1948, for contravention of Section 56. They were, however, acquitted in respect of contraventions of Sections 62 and 66 (1) (b) 'ibid'; and the State Government has now filed an appeal against the acquittals.

(2.) WHEN the mill in question was inspected on 10. 1. 1951 by Shri D. T. Vaidya (D. W. I), Inspector of Factories, it was found that-

(3.) IN the manager's explanation it was admitted vide Ex, P-2 that the register of workers was not properly maintained and we do not understand what the learned Judge-Magistrate meant when he observed that this was too technical an irregularity to be visited with a penalty. There had been a contravention of Section 62, Factories Act, and the applicants were both liable, therefore, under Section 92 'ibid'. They are accordingly convicted thereunder and each sentenced to pay a fine of Rs. 25, In default of payment, they shall each undergo a fortnight's simple imprisonment.