Kumarayya, J.

[1] This appeal is against the order of the acquittal of Mangaldas V. Thakker, Manager, Golden Tobacco Company who was charged with an offence under Section 92 of the Factories Act, 1948. It appears that on 8-7-1956, when the Regional Inspector of Factories, Guntur, went for inspection after 5-30 p.m., he found 823 female workers working in the factory between 5-30 and 6-30 p.m. even though according to the notice displayed' on the Board, the hours of work of female workers were specified from 7-30 a.m. to 11-30 a.m. and 1-30 p.m. to 5-30 p.m. This is said to be a clear contravention of S 63 of the Factories Act of 1948.

He also found that the muster roll maintained was not marked for those workers on the date and this was a contravention of Rule 103 of the Madras Factories Rules framed under the Act. The Manager in defence stated that though the notified hours were as per Ex, P-2, the workers did not come to their work at 7-30 a.m. on account of heavy rain fall and the work in fact had to start from 9 a.m. with the result that in order to make up the full hours for the day, they worked beyond 5-30 p.m. As to the second charge his defence was that the conce