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2001 Supreme(Guj) 19

D.A.MEHTA
STATE OF GUJARAT – Appellant
Versus
GOPAL GLASS WORKS PRIVATE LIMITED – Respondent


Advocates Appeared: N.D.GOHIL

D. A. MEHTA, J.

( 1 ) THIS is an appeal filed by the State against the order of JMFC, Kadi in Criminal Case No. 1088/88 seeking enhancement of the sentence.

( 2 ) THAT on 21. 7. 1987 Shri K. M. Patel, the Government Labour Officer designated as Inspector under section 27 of the Payment of Bonus Act,1965 visited the factory premises of respondent no. 1 - named Gopal Glass Works Pvt. Ltd. . It was found by the Inspector that the respondents had committed breach of provisions of rule 5 of the Payment of Bonus Rules,1965 along with section 19 (b) of the Payment of Bonus Act, 1965. After following the necessary procedure and obtaining sanction a complaint was lodged. All the three respondents-accused pleaded guilty when the charges were read out to them and filed a pursish on 23. 7. 1990 requesting the Trial Court to set them free after admonishing them, or in the alternative, impose a fine of the minimum amount.

( 3 ) THE three respondents - accused having pleaded guilty, the Trial Court passed the order in the following terms :[i] fine of Rs. 150. 00 was imposed on each of the accused for violation of section 19 (b) of the Act and in default simple imprisonment for a period of ten days








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