Judgement

HIDAYATULLAH, J.: On June 21, 1960 at 5-30 A.M. the Inspector of Factories Bhavnagar, visited Saurashtra Metal and Mechanical Works, Wadhwan City, which is a factory within the meaning of S. 2 (m) (i) of the Factories Act, 1948. He found seven workmen working on a machine and on examining the notice of period of work for adult workers and the register of workers he found that three of the workmen belonged to a group which was expected to begin work from 7 A.M. He commenced proceedings under S. 63 of the Factories Act, 1948 against the respondent Mr. Kansara Manilal Bhikalal as the occupier - Manager of the factory, after issuing notice to him to show cause. He asked for enhanced penalty under S. 94 of the Factories Act because, the said Mr. Manilal Bhikhalal was convicted on a previous occasion in three cases. As three workmen were concerned three separate complaints were filed in the Court of the Judicial Magistrate, First Class, Wadhwan City.

2. The defence of the respondent was that he was not the occupier and manager of the factory. It may be pointed out that one Mr. Dangi and the respondent are partners. They have another factory at Dhrangadhra and the defence was that