(1) These two reference are made by the District Judge, Sholapur, under S. 438 of the Criminal procedure code recommending that the conviction and sentences recorded In the both the cases should be set aside. The convictions of are one under S. 66 [1] [b] and S. 92 read with the Ss 63 and 66 [1] [d] of the Factories.

(2) The accused in the case is the owner of what is known as Munshi Bidi Works, which is factory within the meaning of the Factories, act and in the situated at 57/60. Gurwar peth, sholapur. He owned similar factories at several other places bearing the same name while he himself was stated in poona. The factory Inspector visited the factory on the 9th October 1963 at about 8 -10 p.m. And found only six women workers out of may working in the factory and doing the work of tying Bidies into bundles. Now the period of work, as stated on the painted board displayed in the factory, was between 10-30 a.m. to 2 - 30 p.m. and 3-00 p.m. to 7-00 p.m. These six women workers were found the at to be working at 8-10 p.m. The accused was prosecuted in that all the six cases, viz.,., the case Nos. 56, 57 and 59 of 1964 under Ss. 66 [1][b] and 58.60 and 61 of 1964 under S. 63 rea