Judgement

SIKRI, J.: These are two appeals by certificate granted by the High Court of Judicature at Bombay against its judgment, dated February 4, 1963, in Criminal Appeals Nos. 779 and 780 of 1962. By this judgment the High Court affirmed the order of acquittal passed against the respondent by the Judicial Magistrate, First class, Vadagaon (Mawal).

2. The relevant facts are as follows: The labour Inspector (Central), Bombay-1, appointed under the Minimum Wages Act (XI of 1948) hereinafter called the Act by the Central Government filed two complaints in the Court of the Judicial Magistrate alleging that the respondent had contravened certain provisions of the Minimum Wages (Central) Rules, 1950. It was alleged that the respondent was doing quarrying operation work in quarry survey No. 23 (1) Kusegaon village near Lonavala, and while carrying on this quarrying operation work, he failed to observe certain provisions in the Rules. The respondent submitted a written statement admitting the facts but he contended, inter alia, that the Inspector was not authorised to file the complaint and it was only an inspector appointed by the Maharashtra State who was competent to file a complaint. T