STATE Vs. J.M. MEDIRATTA AND 2 ORS.

JUDGEMENT

(1.) OWNER , Agent and Manager of Dhaurakhaman Graphite Mine at Titilagarh which was opened on October 24, 1960 were charged under Section 73 of the Mines Act, 1952 for contravention of Rules 30, 33 and 44 of the Mines Rules, 1955 for not providing drinking water in the mine, latrines on the surface of the mine and First Aid station at the mine.

(2.) THE offence was detected by the Mines Inspector on February 4, 1961. The accused -Respondents pleaded guilty. The owner of the mine who is an old man pleaded that he had been instructing his Agent anti Mine Manager to carry out the works in a workmanlike manner following all the Rules and Regulations as laid down by the Government and remedy the violations pointed out by the Inspector of Mines without delay; that these violations for which he was charged were never brought to his notice as he was almost leading a retired life entrusting the works to his Agent. The Agent and the Manager while pleading guilty sought to justify their action as pleaded in their statement under Section 364, Code of Criminal Procedure.

(3.) SECTION 79 of the Mines Act so far as relevant is this: