- (1.) Leave granted in both the special leave petitions.
(2.) The controversy arising for adjudication emerges from the provisions of the Factories Act, 1948 (hereinafter referred to as ' the Act'), and the Bihar Factories Rules, 1950 (as applicable to the State of Jharkhand). Insofar as the alleged violations committed by the appellants are concerned, a summary of the same stands recorded in paragraph 3 of the impugned judgment, which is extracted hereunder: "3. It appears that an inspection carried out in the Growth Shop of M/s Tata Steel Limited on 14.09.2013 and in course of inspection, it was found that in Fabrication Yard No.1 about 100 numbers of contract labourers engaged. However, on inquiry, it came to the notice of the Inspecting Team that though the Management took overtime service from them, but in terms of Factories Rules, 1950 (Form-10A) overtime slip not provided to them, which is violative of Rule 103A of the Factories Rules, 1950. The Inspecting Team further found that the contract labourers were not provided with leave book in Form-15 of the Factories Rules, which is violative of Rule 88 of Jharkhand Factories Rules, 1950. It is further alleged that on inspection of canteen, the following shortcomings defected: (a) There is no partition for the female workers in the dining hall and service counter. (b) Doors and windows of the canteen are not fly proof. (c) Menu Chart, rate and the names of members Canteen Managing Committee has not disclosed on the board. (d) for washing of utensils no arrangement of hot water has been made."
(3.) Based on the above allegations, cognizance was taken against the occupier - Hemant Madhusudan Nerurkar (the appellant in Criminal Appeal No. 442 of 2016 - arising out of SLP(Criminal) No. 6410 of 2015), and the manager - Rupam Bhaduri ( the appellant in Criminal Appeal No. 443 of 2016 - arising out of SLP(Criminal) No. 6406 of 2015). Keeping in mind the apparently trivial issues, on which proceedings were taken out against the appellants, this Court on the first date of hearing, i.e., on 14.08.2015, recorded the following order: "Heard Mr. K.V. Vishwanathan, learned senior counsel for the petitioner and Mr. Tapesh Kumar Singh, learned Standing Counsel for the State of Jharkhand. Having heard learned counsel for the parties, it is directed that the concerned Inspector shall verify the factory premises and find out whether the defects pointed out by him have been rectified or not. List the matter in the first week of September, 2015. The Registry is directed to reflect the name of Mr. Tapesh Kumar Singh in the Cause List on the next date of hearing.";