EMPEROR Vs. KSABDUL LATIF

JUDGEMENT

(1.) This is an appeal by the Provincial Government against an order of a Magistrate of the first class at Delhi, acquitting the repondent of offences under Secs.84 and 86 of the Factories Act, 1984.

(2.) On 26 February 1946, Mr. N.R Mohindra, Inspector of Factories, inspected the factory known as Latin Press Limited, Delhi, of which the respondent K.S. Abdul Latif is the managing Director. He found (a) that the factory had not been provided with First Aid appliances; (b) that two workers had been allowed to work for more than 54 hours during the week ending with 9 February 1946; and (c) that one worker had been allowed to work for more than ten hours on 3rd, 4th, 9th, and 17 February 1946, and another worker had been allowed to work for more than ten hours on 9 February 1946 As a result of the prosecution which followed K.S. Abdul Latif was convicted under Section 32(v) of the Factories Act for having failed to provide First Aid appliances in contravention of the provisions of the said section and sentenced to pay a fine of Rs. 30. While acquitting him of the charges under Secs.34 and 86 of 4he said Act the learned Magistrate observed as follows: however as resards the extra work done by some of the workers in this factory, the Inspector of Factories has admitted that the workers were paid for that extra work. It is quite in accordance with Section 47 of the Factories Act and hence it does not constitute any offence. So this charge fails against the respondent.

(3.) The first question which falls to be deter, mined in this appeal is whether certain workers were in fact allowed to work in the factory in excess of the periods specified under the appropriate provisions of the Factories Act. Mr. Mohindra has come into the witness box to specify the number of workers who were required to work overtime and the dates on which they were so required The respondent was asked whether the allegation made by Mr. Mohindra was correct. Instead of stating clearly that it was not, the took refuge under the convenient phrase "It is not admitted" No registers were produced in Court from which it could be seen whether the workers were or were not allowed to work overtime. Mohammad Karamat Ullah Usman manager of the Latifi Press, who appeared for the defence declared: We do not get extra work from the workers so far as possible. Even if it so happens by chance they are paid remuneration therefor.