BISHESHWAR PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 22.7.1997, passed by the 3rd Additional Sessions judge, Munger, in Cr. Appeal No. 27/95, confirming the judgment and order of conviction passed by the Judicial Magistrate, 1st Class, Munger, dated 8.5.1995, in Tr. No. 160/95, convicting the petitioners under Section 28(a)(b) of the Payment of Bonus Act, 1965 (hereinafter referred to as 'the Act'), and sentencing them to undergo simple imprisonment of six months. The appellate Court reduced the sentence to three months simple imprisonment each.

(2.) The prosecution case, in brief, is that the Complainant, Umesh Chandra Prasad, Assistant Labour Commissioner-cum-Inspector, PW 3, filed a complaint in the Court of the C.J.M. on 17.2.1991, alleging therein that on 10.7.1990, he inspected the factory of M/s. Jauhri and Sons and found 17 persons working there. The employer-partner, namely, Petitioner No. 1, Bisheshwar Pd. Sharma, was present there, from whom the complainant demanded records of accounting years 1986-87 and onwards and other papers, but he did not produce any one. It is further alleged that show- cause notice was issued through the office peon, PW 2, Brahmdeo Prasad, but the employer-partner refused to accept the same. Thereafter, it was sent through registered post. After cognizance trial proceeded in the Court below.

(3.) In support of its case, prosecution examined three witnesses, out of them, PW 1, is the Stenographer of the Complainant, PW 2 is the orderly peon who has been tendered and PW 3 is the Complainant. Both the courts have come to the finding that the petitioners were the partners of the firm and managing its affairs and more than 20 labourers on permanent basis were employed in the factory and on the date of inspection 17 of them were found working in the factory on monthly wages. On these findings, the trial Court convicted the petitioners and sentenced them accordingly, which has been upheld by the appellate Court as mentioned above.