V.K.JADHAV
Richard Rushton Occupier, SKOL Breweries Ltd. – Appellant
Versus
State of Maharashtra at the instance of Shri H. M. Asalkar, Deputy Director, Industrial Safety and Health – Respondent
V.K. Jadhav, J.
With consent of learned counsel for the parties, both Writ Petitions are heard finally.
2. In the instant criminal writ petitions, the petitioner has challenged the orders of issue of process passed by the learned Chief Judicial Magistrate, Aurangabad, dated 3/4/2016, respectively, in complaint bearing SCC 2228 of 2006 for the offences punishable under section 7(A)(2)(a) r/w section 92 of the Factories Act, 1948 and in the complaint bearing SCC 2229 of 2006 for the offences punishable under section 32(c) r/w. section 92 of the Factories Act, 1948 (for short "the Act").
3. Brief facts giving rise to the present criminal writ petitions are as follows :-
The petitioner was at the relevant time, the managing director and the occupier of SKOL Breweries Ltd., Unit : Pals Distilleries Ltd., situated at L-5, M.I.D.C, Waluj, Aurangabad. The said factory is engaged in manufacturing the beer. In the first half of the year 2005, the said factory was to undergo expansion and modernisation which included erection of malt silos and bucket elevator in a part of the land covered by SKOL Breweries Ltd. Tenders were invited by the Brewery and consequently the contract for erecti
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