H.N. Kapoor, J. - (1.) The applicants are being prosecuted under Section 92 of , the Factories Act for committing certain irregulerities in Vishnu Pratap Sugar Works, Private Limited Khadda on the basis of a complaint filed by Shri R. B. Lal Inspector of Factories. The applicants had filed an application challenging the legality of the complaint as Shri R.B. Lal was the Inspector of Factories, Lucknow Region. The learned Magistrate had rejected that application by his order dated 17-9-1969 and ordered the case to proceed. The revision filed before the Sessions Judge too was rejected.
(2.) The only point to be decided in this revision is whether the complaint had been validly filed by Shri R. B. Lal and the case can proceed on the basis of that complaint. The complaint was filed on 20-5-1968. Cognizance of the case was taken on 23-5-1968. It is not disputed that Sri R.B. Lal was posted as Inspector of Factories, Incharge, Lucknow Region on 20-5-1968 while there ,was another Inspector Shri B.L. Shukla posted as Inspector of Factories, Incharge Gorakhpur Region. It, however, appears that Shri R. B. Lal was entrusted with the work of filing complaints and as such he fried the complaint on 20-5-1968. By way of regularisation a subsequent notification was issued on August 6, 1968 appointing Shri R.B. Lal as Inspector of Factories, Uttar Pradesh for the, whole of the State with effect from the date he took over charge. This notification is No. 3824 (TD)/XXXVI-A-2067 (TD) /68. Its copy was sent for publication in the next issue of the State Gazette.
(3.) Learned counsel for the applicants has argued that only the Chief inspector could be the Inspector of Factories for the whole of the State and such powers could not be conferred on any other Inspector. There is no force in this contention. The language of Section 8 of the Factories Act does not limit power of the State Government to appoint Inspectors for the whole of the State. This point was considered by a learned single Judge of this Court in the case of Mahabir Pd. v. State 1973 A. W. R. (H.C) 530 . He took the view that it is possible to appoint Inspectors other than Chief Inspector also for the whole of the State of Uttar Pradesh. I respectfully agree with that view.;