1. This revision is directed against the impugned order dated 24-11-2004 passed in Criminal Appeal No.6/M.P.I.R.Act/IV/2003 by Industrial Court, Raipur arising out of the judgment dated 28-11-2002 passed by Judicial Magistrate First Class, Labour Court, Durg in Criminal Case No.372/Factories Act/99. By judgment dated 28-11-2002 the learned Magistrate has acquitted the applicant/ accused of the offence under Section 92 of the Factories Act. 1948 whereas by the impugned order dated 24-11-2004 while reversing the judgment of the learned Magistrate the learned Industrial Court has convicted the applicant/accused tinder Section 92 of the Factories Act, 1948 and sentenced him to pay fine of Rupees One Lakh, in default of payment of fine the applicant/accused to undergo rigorous imprisonment for 6 months.

2. Brief facts of the case are that at the relevant time the applicant/accused R.B. Singh was working as Factory Manager in Continuous Casting Shop, Bhilai Steel Plant, Bhilai. It is alleged that on 4-6-1999 when one Budharu was operating the crane and he was lifting last two heat slabs of a stack, 16 heat slabs stacked nearby toppled due to jerk and one of the 16 heat slabs fell on