LABOUR ENFORCEMENT INSPECTOR Vs. SHANKER LAL JOSHI

JUDGEMENT

(1.) THIS appeal is directed against the order of the Judicial Magistrate, Chhittoregarh dated 6 -7 -1976 whereby the respondent was acquitted of the breach of the Rules 4, 5 and 5(a) punishable under Rule 22 of the Payment of Wages (Mines) Rules, 1956.

(2.) SHRI K. K. Ahlowalia, Labour Enforcement Officer P.W. 1 along with Shri J.D. Sharma, Assistant Labour Commissioner P.W. visited the mine of respondent on 15 -1 -1974 at about 1 P.M. He found that 12 male and 25 female labourers were working on the mine. He asked for the attendance Register, Payment of Wages Register, Employees B Register, Advance Register, Fines Register and Deductions Register from Shri Shankerlal, the owner and lease holder of the mine. Shri Shankerlal admitted that no registers are kept. The requisite notices were also not pasted at the mines. Inspection memo Ex. P. 1 was prepared to which Shri Shankerlal appended his signature and Shri J. D. Sharma also signed, the same. The memo also contained a show cause notice. A copy of that memo was delivered to Shri Shankerlal but Shri Shankerlal did not submit his reply A reminder dated 23 -3 -1974 was also sent to Shri Shankerlal under regsitered A. D. which was also not replied. There after sanction for prosecution was obtained and a complaint was filed. Shri Shankerlal was tried by the learned Magistrate. Shri Shankerlal denied that his mine was ever inspected. The two officers only met in the way and he further stated that the work is got done on the contract basis. In his defence, he examined Shri Shaukat Ali D.W. 1 and Uda Ram D.W. 2.

(3.) I have heard Dr. S. S. Bhandawat for the appellant and Shri G. S. Mehta, learned counsel for the respondent and perused the record of the case.