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FERNANDO v. APPADURAI


Fernando V. Appadurai

1955 Present : Rose, C.J.

FERNANDO,
Appellant, and APPADURAI, Respondent

S. C. 103-M. C. Kandy, 3,209

Wages Boards Ordinance, No. 27 of 1941-Sections 50 and 52 (b)-" Hindering an officer in the exercise of his powers ".

The accused-appellant prevented an Inspector of Labour from asking routine questions as to wages and holidays from a labourer in a tea factory while the labourer was in charge of certain noisy machinery.

Held, that the conduct of the accused did not amount to hindering an officer in the exercise of his powers within the meaning of section 52 (b) of the Wages Boards Ordinance.

APPEAL from a judgment of the Magistrate's Court, Kandy.

H. V. Perera, Q.C., with Sir Ukwatte Jayasundera, Q.C., and M. M. Kumarakulasingham, for the accused-appellant.

Vincent T. Thamotheram, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

February 25, 1955. ROSE, C.J.-

In this matter the appellant was convicted of having on 8th June, 1953, hindered an Inspector of Labour, a prescribed officer under the Wages Boards Ordinance, in the exercise of his powers under Section 52 (b) of the Ordinance. The allegation was that the appellant pre











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