SIMON CARVES INDIA LIMITED Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
SIMON CARVES INDIA LIMITED
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(1.) This Revision Application is filed by the original accused who have been held guilty for the offence under sec. 92 read with sec 6 of the Factories Act (the Act) for breach of Rule 4 of the Gujarat Factories Rules 1963 (the Rules ) and it involves an important question touching the interpretation of the term factory used in the Act.
(2.) Petitioner No. 1 is a public limited company incorporated under the Indian Companies Act and runs business as designers and constructing engineers in different parts of India including Gujarat. It had entered into a contract for structural work to be done at Indian Petro-Chemicals Corporation Limiteds (IPCL) product site at Baroda. Petitioner No. 2 is the Managing Director of petitioner No. 1 company. One Y. B. Khedekar was the resident engineer of the company at the lPCL site in charge of the work at site.
(3.) On 17-1-1977 when the complainant factory inspector visited the site he found that more than 15 workers were working on drilling machines welding machines etc. making pipe supporters etc. and in the process 100 electric H. P. was used. He found that the work W3s being carried on in three sheds which were enclosed by means of barbed wirefencing. On inquiry from the companys engineer he was told that the said establishment was not registered as a factory under the Act. After some correspondence the two petitioners were prosecuted before the learned judicial Magistrate First class 3 Court at Baroda for the aforesaid offenses; and the learned Magistrate on the evidence led before him came to the conclusion that a factory was being run in the said sheds within the meaning of the Act and as no application for registration and grant of licence was made as provided in Rule 4 of the Rules by the petitioners they were guilty for the offence with which they were charged. He therefore convicted them for the said offence and awarded a fine of Rs. 50/by his order dated 28-2-1978; and it is this order which is being challenged by the petitioners (original accused) in this Criminal Revision Application.;
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