STATE OF MYSORE Vs. M CHANDRASEKHAR

JUDGEMENT

(1.) In these two appeals by the Stale, common questions of law and fact arise and parties are also common , and they are, thereforee disposed of by a common judgment.

(2.) They arise from a common judgment of acquittal made by the JMFC at Chincholi in CC. Nos.307/3 & 308/3 of 1972 on his file. The respondents herein (hereinafter referred to a,s the 'accused') are the Mines, Manager and Secretary of M/s. Tandur & Navandgi Stone Quarries (P) Ltd. of Basheerabad of Andhra Pradesh. They were charged with offences concerning the breach of Rules 5, 5A, 8(1)(i), 8(1)(ii), 8A, 12A & 17(1) of the Payment of Wages (Mines) Rules, 1956 ('Payment of Wages Rules' for short,); made punishable under Rule 22 of the said Rules. Two separate complaints were lajd against the accused, one concerning contravention of Rules 5, 12A & 17(1) and the other with the remaining charges.

(3.) The complainant is the Labour Enforcement Officer (Central), Gulbarga,. The accused, as the name of the company would point, were operating quarries, which, it is not in dispute, answer the description of a 'mine' as defined in the Mines Act, 1952. Apparently in view of the pleas of the accused, no evidence has been led in the case. The contention urgqd for the accused was that in view of the provisiqns of S.3 of the Mines Act, read with Rule 1(2) of the Payment, of Wages Rules, the prosecution would not be maintainable. They did not however dispute the contravention of Payment of Wages Rules complained of. The learned Magistrate accepted the plea and acquitted the accused. Hence these appeals.