RADHAKISHAN RAMNATH Vs. STATE OF BOMBAY

JUDGEMENT

(1.) The applicants are the proprietor and manager respectively of the Ramkrishna Ramnath Bidi Factory at Kamptee. Both have been convicted under S. 9 of the Central Provinces and Berar Maternity Benefit Act, 1930, read with S. 5(3) and under rule 10 read with rule 4 of the Central Provinces and Berar Maternity Benefit Rules, 1930, for not paying maternity benefit to a female employee in their factory, and for failing to maintain a muster-roll of female employees. Both the applicants have been fined Rs. 200 and Rs. 25 respectively on each of the above counts, or in default, ordered to undergo simple imprisonment for three weeks each.

(2.) The merits of the convictions have not been challenged before me, nor was the evidence referred to. But Mr. M. N. Phadke on behalf of the applicants has raised several contentions.

(3.) In order to show the nature of these contentions it is necessary to state certain facts. The Central Provinces and Berar Maternity Benefit Act is Act VI of 1930. Though published in the Central Provinces and Berar Gazette Extraordinary of 22 March, 1930, it was brought into force on 1 January, 1931 by a notification of the then Government of the Central Provinces and Berar, dated 16 December, 1930, notification No. 3308-1740-XIII, issued under the powers vested in the State Government by S. 1(c) of the Act. By virtue of S. 2(a) of the Act as originally enacted "factory" was defined as follows : "'factory' means a factory as defined in S. 2(j) of the Factories Act, 1911."