P.N. Bakshi, J. - (1.) This is a revision against an order of the 1st Temporary Sessions Judge, Allahabad in Criminal Appeal No. 147 of 1970 arising out of Case No. 26/439 of 1970 of the court of City Magistrate Allahabad, by which the Applicant was convicted for an offence punishable Under Sec. 28 of the Payment of Bonus Act and sentenced to a fine of Rs. 250/ -, in default to two months' rigorous imprisonment.
(2.) Sri R.K. Sharma is said to be the Manager and occupier of M/s. Prayag Patrika, 13 -A Albert Road, Civil Lines Allahabad. The prosecution case is that Sri K.C. Dubey Labour Inspector, who is also an Inspector under the Payment of Bonus Act, visited the aforesaid concern on 20 -9 -1967. On inspection he found that Sri R.K. Sharma had not paid bonus to the workmen of the aforesaid concern for the years 1964 -65 and 1965 -66. He made an inspection note directing payment of bonus by Sri Sharma within seven days under intimation to him. Sri Sharma failed to make payment of the bonus to the employees for the years in question. A show -cause notice was issued to him by the Deputy Secretary, U.P. Government, Labour Department against his failure to comply with the direction of the Labour Inspector. No reply was sent by Sri Sharma nor was bonus paid by him to the employees of the aforesaid concern. In these circumstances a complaint was filed against Sri R.K. Sharma for breach of Ss. 10, 19 and 29 of the Payment of Bonus Act punishable Under Sec. 28 of the said Act for non payment of bonus to the employees for the years 1964 -1965 and 1965 -66.
(3.) The accused pleaded not guilty. He denied being the Manager and occupier of the Prayag Patrika Press. He also denied his liability to pay bonus. He filed his written statement raising the following pleas: (a) That the Prayag Patrika Press, situate at 13 -A, Albert Road, Civil Lines, Allahabad is not a factory and hence the Bonus Act is not applicable to it. (b) That the concern is a co -operative venture of Journalists and no person is working as an employee within the meaning of the Bonus Act. (c) That no Inspector ever inspected the concern on 20 -9 -1967. (d) That the accused is not a Manager of any factory as contemplated Under Sec. 7(1)(f) of the Factories Act.;