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1954 Supreme(Bom) 120

DIXIT, VYAS
State – Appellant
Versus
Alisaheb Kashim Tamboli – Respondent


Advocates Appeared:
A.A. Mandagi, B.N. Gokhale, C.S. Jathar, M.V. Paranjape, N.R. Oza, V.V. Divakar

JUDGMENT

Dixit, J.

[1] This is a group of four appeals, each of which arises from a distinct set of facts but all of which raise common questions under the Factories Act, 1948. Before setting out the questions raised, it may be convenient first to refer to the facts in each appeal.

[2] In Criminal Appeal No. 805, the facts are these. The respondent is the manager of a factory called "pistol Bidi Factory", situated at 943-E Ward. 6th Line, shahnpuri, Kolhapur. One V. M. Mardhekar, Junior Inspector of Factories, visited this factory on 13-9-1952, at 2-30 p. m. along with one M. V. Ponkshe, government Labour Officer and Additional Inspector of Factories, Kolhapur. It was alleged that 110 workers wore working in the factory at the time of the visit, but the register of leave with wages (Form No. 18) in respect of a worker named airavan Subrao Ghugre was not maintained in the factory and the worker was not provided with a leave book (Form No. 19). Ghugre was working in the factory for about five years. The prosecution, therefore, alleged that by not maintaining Form no. 18 and not providing Ghugre with Form No. 19, the accused had contravened the provisions of Rs. 94 and 95 read with Rs.






















































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