S K JAGANANI Vs. STATE

JUDGEMENT

(1.) S. K. Jagnani accused-petitioner is the Manager of Messrs. Birla Cotton, Spinning and weaving ouches Limited, Subzi Mandi, Delhi, which is a factory within me meaning of the Factories Act, 1948 (hereinafter reterred to as the Actj. The Inspector of Factories, eerie, on ixia Decembe, 1961, inspected the said factory and round titian ten workdrs of Automatic Loom Shed were working at 5-45 P. M. on that day during the rest interval otherwise than in accordance with the notice of periods of work displayed with working hours from 1-30 p. m. to 9-30 p. m. and rest interval from 5-30 p. m. to 6-00 p. m. which contravened trie provisions of Section 63 of the Act. "the Chief Inspector of factories on the basis of the inspection report put in four separate complaints Under Section 63 read with Section 92 of the Act against Section 4. Jagnani, three in respect of three workers each and the fourth in respect of the tenth worker in the Court of Mr. M. M. Aggarwal Magistrate First Class, Delhi.

(2.) THE accused-petitioner raised a preliminary cdjsction that only one complaint could have been, loggia -against him in regard to the alleged contravention of the. -. provisions of -section 63 of the Act because all the ten workers were found working during the rest interval in the Automatic Loom Shed. The trial Magistrate overused the preliminary objection and declined to consolidate the tour complaints. The accused-petitioner filed a revision petition against this order which was dismissed by the learned Additional Sessions Judge, Delhi. He has come up in revision to this Court.

(3.) SECTIONS 63 and 92 of the Act run 25? 63. No adult worker shall be required or allowed to work in any factory otherwise than in accordance with I the notice of periods of work for adults displayed In the factory and the entries made before hand against his name Jin the register of adult workers of the factory. 92. Save as is otherwise expressly provided in mis-Act and subject to the provisions of Section 93, if in, or in respect of, any factory there is any contravention of any 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 be guilty of an offence and punishable with imprisonment for a term which may extend to three months or with fine, which may extend to time hundred rupees or with both, and if the contravention is continued after conviction, with a further fine, which may-extend to seventy-five rupees for each day on which the contravention is so continued.