CHANDRA MADHAB MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against the appellate Judgment passed by the Sessions Judge Cuttack in Criminal Appeal No. 314 of 1965, upholding the conviction and sentence of the petitioner under Section 92 of the Factories Act. passed by a magistrate first class cuttack.

(2.) IT is alleged by the prosecution that P. W. 1, an Inspector of Factories, inspected a factory named Kalinga Cables and Metal Cast Company at B 12, Industrial Estate Khapuria Cuttack on 6 Jane 1963 once at 9 am. and again at 7 p. m. and found eleven workers engaged in the said concern which was running with power. Considering the said concern to be a factory as defined under Section 2 (m) of the Factories Act, 1948 the petitioner, as the alleged occupier of the said factory was prosecuted under Section 92 of the said Act for violation of certain provisions of the said Act.

(3.) THE defence all through asserted that there never existed a factory named Kalinga Cables and Metal Cast Company at Khapuria and that Kalinga Cables and Metal Cast Company were entirely two different and independent concerns. In the former the appellant was the proprietor and in the latter, which was a partnership concern he was the managing partner. The Director of Industries, Orissa allotted half of the unit B type building to Kalinga Cables and another half of the same building to Metal Cast Company by two separate letter Exe. C and D, and as such the two concerns were accidentally in the same building only due to the want of separate and suitable accommodation. It was therefore contended that this prosecution was misconceived as the total number of eleven workers in two separate and independent concerns were taken into consideration as working in one factory which was non-existent cither in fact or in name.