R.B.Lal - (1.) THIS appeal by special leave is directed against the order of acquittal dated 25-4-1977 passed by the Sub-Divisional Magistrate, Hata, district Deoria.
(2.) SRI R. P. SRIvastava, Labour Inspector, who was also an Inspector for the purposes of the Minimum Wages Act, 1948 (briefly the Act), visited the hotel of Sunder Lal Gupta an accused-respondent, on 19-7-73 at 2 P. M. and found two persons, Ganesh Prasad SRIvastava and Gopi working in the hotel. Sunder Lal Gupta, owner of the Hotel, was also present. The Inspector found that the owner had not maintained the attendance register, wage payment register, and was not issuing wage slips to the employees, and had also not displayed the notices prescribed in Forms nos.11 to 16 and had thus contravened the provisions of Section 18 of the Act read with Rules 26 and 22 of the U. P. Minimum Wages Rules 1952 (briefly the Rules) and rendered himself liable to punishment under section 22 of the Act. The Inspector filed a complaint in the court of Magistrate. The accused denied the prosecution allegations and alleged that his shop was under construction and two persons were working in that connection. He had affixed signatures on the inspection note prepared by the Inspector. He examined one witness Harish Chandra in defence. The learned Magistrate took the view that the point that the labourers working in the Hotel, were not being paid the prescribed wages, was not proved because the labourers in question were not examined to prove the same. He also observed that the defence had said that the Hotel was not open on the date the Inspector inspected the Hotel. There was no independent witness to support the prosecution case. In the result, the Magistrate acquitted the accused
(3.) THE Inspector has not felt satisfied and has filed this appeal. No one has cared to appear on behalf of the accused-respondent. I have, therefore, heard the Assistant Government Advocate in support of the appeal and have carefully considered the material on the record and the relevant provisions of law.;