P LAKSHMAIAH NAIDU Vs. STATE

JUDGEMENT

(1.) The petitioner herein is the manager of a rice mill at Rajampet known as Sri Seetharamanjaneya Rice Mill which is admittedly a factory within the meaning of Section 2 (m) (1) of the Factories Act of 1948. The petitioner was convicted for contravening Section 63 of the Factories Act in that he allowed nine adult male workers to carry on work in the factory on 23-6-1956 beyond time. The Chief Inspector of Factories, P.W. 1, inspected this factory on that day at 8-20 P.M, and found the nine adult workers working in the factory. The petitioner was accordingly charged under Section 92 of the Factories Act, for contravention of Section 63 thereof, by allowing 9 workers to work beyond the usual time fixed.

(2.) The petitioner contends that he was only taking work from these workmen from 7-45 p.m. to 8-20 p.m. as a special case in order to complete the rice hulling work undertaken on behalf of D.W. 2.

(3.) The simple point for consideration is, whether the petitioner has committed any offence and if so, under what provision of law he could be convicted. Section 92 provides that where there is any contravention of any of the provisions of this Act or of any rule made thereunder or of any order in writing given thereunder the occupier and manager of the factory shall each be guilty of an offence and shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 500.00 or with both.