INSPECTOR OF FACTORIES Vs. V SWAMY

JUDGEMENT

(1.) This appeal is preferred by the State as against an order dated 30-11-1998 in S.T.C.No. 28 of 1997 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram, wherein an acquittal was recorded.

(2.) The Inspector of Factories, Vizianagaram filed the charge-sheet against the accused V. Swamy, Works Manager, Zonal Workshop, A.P.S.R.T.C., Industrial Estate, Vizianagaram alleging that the premises known as Zonal Work Shop. A.P.S.R.T.C., at Industrial Estate, Vizianagaram, is a factory and the said factory was inspected by the Joint Chief Inspector of Factories, Visakhapatnam, along with the then Inspector of Factories, Vizianagaram on 26-03-1997 at 11.30 a.m., and that it was found that the above said accused had failed to comply with the provisions of the Act and the Rules viz., Section 62 and Rule 80-failed to open and maintain up-to-date a register of adult workers in form No. 12 prescribed under Rule 80; Section 83 and Rule 87 read with Rule 102-A-failed to maintain and to produce the register of leave with wages in form No. 15 in this office within a week from the date of receipt of this notice; and Section 88 and Rule 96-failed to report this office in the prescribed form No. 18 every accident that occurs within the premises of the factory which is likely to prevent the injured worker from returning to his usual work in the factory within 48 hours of the occurrences of the accident. Hence, the complaint was filed.

(3.) The prosecution examined P.Ws. 1 and 2 and marked Exs. P-1 to P-11 and also Exs. D-1 to D-3. The learned Additional Judicial Magistrate of First Class, Vizianagaram, recorded the reasons in detail and recorded an acquittal. A clear finding had been recorded from the evidence of P.Ws. 1 and 2 and Exs. D-1 to D-3 that the accused had not committed any of the contraventions as alleged by the complainant in the complaint. The learned Magistrate also had arrived at a conclusion that as far as the contraventions mentioned in Section 83 read with Rules 87 and 102-A maintenance and production of register of leave with wages, A.P.S.R.T.C. being a public utility service, there is no obligation to maintain such registers of leave with wages and to that effect the A.P.S.R.T.C. also placed reliance on G.O.Ms.No. 826, dated 28-04-1962 (Ex. D-2). After recording the reasons in detail, acquittal had been recorded. This Court does not see any reason to disturb the said findings. Hence, the findings of the learned Magistrate are hereby confirmed and the Criminal Appeal shall stand dismissed.