ASSISTANT INSPECTOR OF FACTORIES HYD Vs. NARESH GUPTA

JUDGEMENT

(1.) The State has preferred this appeal against the judgment of acquittal passed by the XXI Metropolitan Magistrate- cum-Munsif Magistrate of Special Court for cases under Labour and Factories Act, Hyderabad in S.T.C.No.140 of 1993 dated 3-1-1995 whereby the respondent has been acquitted under Section 62 and 68 read with Rule 70 of the Factories Act, 1948.

(2.) The facts of the case giving rise to this appeal lie in a very small compass. The respondent is the occupier of the factory known as Agarwal Industries situated in Industrial Area, Azamabad, Hyderabad. On inspection it was found by Sri P. V. Venkateswara Rao, Deputy Chief Inspector of Factories, Hyderabad - PW1, and Inspector of Factories, Hyderabad Sri T.P.Krishna - PW2 on 25-8-1992 at 10-45 a.m. that the respondent-accused had failed to provide meals in the Canteen both in the afternoon and night and therefore had contravened the provisions of Section 46 of the Factories Act, 1948 and Rule 68 read with Rule 70 of the Andhra Pradesh Factories Rules 1950 and therefore were liable for punishment under Section 92 of the Indian Factories Act.

(3.) The accused was charge-sheeted under Section 46 read with Section 92 of the Factories Act, 1948 and under Rule 68 read with Rule 70 of the Andhra Pradesh Factories Rules 1950 and particulars of the offences under these sections and rules were explained to the respondent-accused who pleaded not guilty. The respondent-accused examined one witness in defence and took the plea that the Agarwal Industries was not notified as a factory within the meaning of Section 46 of the Factories Act, 1948. As per the agreement between the Union and the Management, meals was not required to be provided and Section 46 of the Act does not provide that meals must be served in the Canteen.