1959 Supreme(Bom) 87
J.R.MUDHOLKAR, VASANTI A.NAIK
State – Appellant
Versus
M. M. Pinto – Respondent
JUDGMENT - (1) This is an appeal by the State against the order of acquital passed by the learned Presidency Magistrate. 6th Court, Mazagaon, Bombay. The material facts may, briefly, be stated as follows: on 1-4-1958, Factry Inspector Shinde visited the premises of a concern known as Western India Saw Mills situated at Reay Road, Bombay-10. His object ws to inspect the factory under the Factories Act. He found that thirty workers were actually engaged in doing some job or in the other on the premises of the factory. He also noticed that the manufacturing process of cutting, plaining and shapping of wook was going on with the aid of power. The accused respondent produced a register Ex. A. which contained 19 names in one place and additional nine names at another place. According to the Inspector, all the thirty persons, who were engaged in the factory, were workers within the meaning of that word in the factories Act 1948. He, therefore, lkodged a complain is the learned Presidence Magistrates courts, Mazagaon. Bombay, for the violation of the provisions of Section 7(1) read with section 92 of the factories Act, 1948, and also of Rs.4 of the Bombay Factories Rules, 1950.
(2) The defe
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