SHRI, AJIT NARAIN HAKSAR, SHRI ABHIJIT BASU, SHRI SAMIR GHOSE AND SHRI JAGDISH NARAIN SAPRU Vs. THE STATE OF BIHAR AND SHRI R.K. MANDAL

JUDGEMENT

(1.) this application is directed against the order dated 3.8.1982 passed in Case No. 339C/2 of 1982 whereby the learned Chief Judicial Magistrate has taken cognizance for offence punishable under Sec. 92 of the Factories Act (hereinafter referred to as 'the Act'). It appears that a petition of complaint has been filed by the Inspector of Factories for contravention of Sec. 88 read with Rule 96 and Ss. 21(1)(iv)(c) and Sec. 21(2) read with Rule 55(a)(i) punishable under Sec. 92 of the Act. It appears that all the petitioners are the Directors of the factories and the accused no. 5, A.S. Poplal happened to be Occupier and Manager of the Factory.

(2.) It has been contended that under the provisions of Sec. 92 of the Act the person liable for prosecution has been named as the occupier and the Manager of the Factory concerned and that being so the cognizance and prosecution against the petitioners are not in accordance with law.

(3.) Further it has been submitted that as a matter of fact the Directors live and reside at Calcutta and they are not the persons who as a matter of fact are responsible or Incharge of day to day affairs of the Factory.