EMPEROR Vs. BNGAMADIA

JUDGEMENT

(1.) These two applications for revision, Nos. 83 and 81 of 1925, arise out of a fire which took place in the Gamadia Press Factory at Raver at 11 A. M. on January 81, 1924. The fire unfortunately resulted in the death of twelve women, and burns and other injuries to ten other women. The chief Inspector of Factories, after an enquiry, sanctioned the prosecution of the three applicants in Application No. 84 as being the occupiers of the factory, and of the applicant Mehenti in No. 83 as being the manager of the same factory, on a charge under Section 41, Clause (a) of the Indian Factories Act, 1911, read with Section 20 of the same Act. Under these sections the occupier and manager are jointly and severally liable to fine, if convicted, for employing or allowing to work any person contrary to any of the provisions of the Act; and the allegation is that women were employed, or allowed to work, in contravention of Section 20, which prohibits the employment of women and children in the part of a factory where a cotton-opener is at work.

(2.) The trial took place before Mr. D Souza, Magistrate, First Class, Jalgaon, and resulted on August 7, 1924, in the conviction of all the accused under these sections. The Gamadias, accused Nos. 1 to 3, were sentenced to pay a fine of Rs. 100 each, and Mehenti, accused No. 4, to pay one of Rs. 200. The Magistrate in his judgment held that the fire originated in what is called the "press room", that is the room in which the main part of the cotton-opener is contained, and that women were actually being employed there at the time of the fire. He also held that women were employed in a room adjacent to the press room, styled the mixing room ; and that this was in contravention of Section 20, inasmuch as, although there was a partition separating this room from the press room, yet it had a door in it, which itself was opposed to the provisions of the section and which was open at the time of the fire. He further held that accused Nos. 1 to J5 were the occupiers of the factory liable under Section 41, as well as the manager Mehenti.

(3.) An appeal was made to the Sessions Judge, Khandesh, who on December 19, 1921, gave judgment, agreeing with the Magistrate on the main facts and the points of law that I have referred to and confirming the convictions and sentences in the case of all the accused.