STATE OF ORISSA Vs. D BAHINIPATI

JUDGEMENT

(1.) THIS is an appeal by the State of Orissa against an order dated 26-6-1963 passed by a Magistrate, First Class, Cuttack acquitting the respondent of an offence under S, 92 of the Factories Act.

(2.) THE respondent D. Bahinipati is admittedly the manager of the Factory known as Orient Weaving Mills (Private) Ltd. , situated within the limits of Cuttack Town. P. W. 2, the Inspector of Factories, Orissa, submitted a prosecution report under section 92 of the Factories Act against the respondent alleging that he arranged the spread-over of the period of work in the factory to 12 hours as against the permissible maximum of ten and half hours, and thus contravened the provisions of Section 55 of the Factories Act, 1948 (hereinafter described as 'the Act' ). On the said report cognizance was duly taken and the respondent was summoned to stand a trial.

(3.) THE respondent admitted the spread-over of 12 hours, from 1-11-61, but his case was that it was at the request and in the interest of the workers that he did it in good faith, and pleaded to have acted after duly informing the Inspector of factories. In support of his plea he examined some defence witnesses and placed some documents before the Court.