( 1 ) THIS is a revision application against the order elated 6-2-1958 passed by the 3rd Additional Sessions Judge Jubbulpore in Criminal Revision No. 104 of 1957 - whereby he maintained the order of conviction and sentence passed against the applicant by the First Class Magistrate Jabalpur In Criminal Case No. 1784 of 1956. The facts of the case briefly stated arc that the applicant has under an agreement Ex. D/1 contracted to supply to Mohanlal Hargovind 'biris'. The terms of the agreement show that Mohanlal Hargovind was to supply raw materials to the applicant who in his turn was, on his own responsibility as to payment of wages, to engage workers for the purpose of getting 'biris' prepared out of the said raw materials.

( 2 ) THE supply of 'bins' prepared by the workers employed by the applicant was subject to approval of a person to be deputed for this purpose by Mohanlal Hargovind. Mohanlal Hargovind's munim was entitled to check the stock of leaves and tobacco with the applicant. The prosecution case is that the applicant was 'an employer' in Biri making industry at Jubbulpore to which the Minimum Wages Act is applicable. It is a fact admitted by the accuse