IN RE: M. RAJAMANI Vs. STATE
LAWS(MAD)-1970-9-18
HIGH COURT OF MADRAS
Decided on September 01,1970

In Re: M. Rajamani Appellant
VERSUS
STATE Respondents

JUDGEMENT

Somasundaram, J. - (1.) THE Petitioner in Crl.R.C. Nos. 867, 871 and 872 of 1969, is the Manager of the Indian National Fire Works situated in Inam Gangarakottai village in Ramanathapuram Dt. The Petitioner in the other two Crl,R. Cs. Nos. 868 and 869 of 1969 is the proprietor.
(2.) SUB -section (1) of Section 61 of the Factories Act states that in every factory notice showing the periods of work for adults, etc., should be displayed in accordance with the provisions of Sub -section (2) of Section 108. Sub -section (9) requires that a copy of this notice should sent in duplicate to the inspector. This notice should be in form No. 11 as prescribed by Rule 79. Clause (a) of Section 68 prohibits the employment of a child below 14 or an adolescent for work without a certificate of fitness and this certificate should be in the custody of the manager of the factory. Rule 87 states that the manager should keep a register called the "Leave with wages Register". There should also be a master roll showing all the workers in the factory. Rule 5 framed under the Madras Payment of Wages Rules, 1937 states that a register of wages should be maintained by every pay master and the non -maintenance will be a contravention punishable under Rule 23. P.W. 1, Thiru Rajeswaran, Inspector of Factories, who visited this concern on 9th December, 1968 at 11 -50 a.m. detected these contraventions and launched prosecutions against the Manager and the Proprietor for the aforesaid offences. The defence of the Petitioners was that theirs was not a factory within the meaning of the Factories Act so as to attract the several provisions in respect of which contraventions are complained of. The learned Magistrate has negatived their contentions and sentenced them to pay a fine of Rs. 50 for each contravention. The Petitioners now contend that these convictions are not correct.
(3.) UNDER Section 2, Clause (m) of the Factories Act, factory "means" "any premises including precincts thereof -(i) where on ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. "Under Clause (L) of this section 'workers' means a person employed directly or through any agency, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process.";


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