( 1 ) THIS appeal, which has been referred to a Division Bench by Sharfuddin Ahmed, J. , as he dissented from the decisions in Public Prosecutor v. Mangaldas Thakker, 1957-2 Andh WR 455: (AIR 1958 Andh Pra 79), and Lakshmaiah Naidu v. State, 1958 ALT 804: (AIR 1959 Andh Pra 536), raises questions as to the construction and effect of Section 117 of the Factories Act (LXIII of 1948), hereinafter called the Act.

( 2 ) THE material facts are briefly these. At 12. 30 p. m. on 14-7-1959, the Additional Inspector of Factories at Gudivada (P. W. 1) visited the factory known as "sri, Rama Seshasayi Rice Mill" and found one woman worker by name Karra Lakshmamma, working at the paddy sieve. This was beyond the period of work from 8. 30 A. M. to 12 noon fixed for her beforehand under Section 61 and was, therefore, a contravention of Section 63 of the Act. Consequently, the respondent, who was the manager of the factory, was prosecuted for having committed an offeree punishable under Section 92 of the Act. The respondents defence was that Karra Lakshmamma was a piecetime worker, that she was paid extra wages for working overtime from 12 Noon to 1 p. m. as required by Section 59 of the A