Jamuar, J.

1. The reference and the applications in revision have been heard together and they will be governed by this one judgment.

2. The reference has been made by the Subordinate Judge, Special Magistrate of Dhanbad and it purports to be under Sec. 432, Criminal P. C., as re-enacted by the Codes of Civil and Criminal Procedure (Amendment) Act, 1951. In the court of the Special Magistrate, there are pending four criminal cases, being Nos. 19/1 of 1951/52, 20/2 of 1951/52 17/3 Of 1951/52 and 149/4 of 1950/52, and they are being tried together with the consent of the parties as similar questions of law arise in each of them. The accused persons in those cases are colliery owners and managers.

3. In cases Nos. 19/1 and 20/2 of 1951/52, the colliery involved is one Kirkend Colliery. On the 11th October, 1950, one Miss Gulati, an Assistant Inspectress, went to inspect that colliery and she found that neither any pithead bath had been constructed at the colliery as required under the Coal Mines Pithead Bath Rules, 1946, nor any creche as required by the the Mines Creche Rules, 1946 . The Mines Creche Rules have been made by the Central Government in exercise of the powers con