P.N. Bakshi, J. - (1.) THE Applicant has been convicted for an offence Under Section 62 of the Factories Act read with Rule 78 of the U.P. Factories Rules and sentenced to pay a fine of Rs. 500/ - by the SDM, Etmadpur, Ferozabad, Agra. He filed an appeal before the Sessions Judge, Agra which was dismissed on 1 -10 -1970. Hence this revision.
(2.) THE case against the Applicant is that he did not maintain a proper attendance register of his employees in his factory. The Inspector of factories found on inspection that two women and three men worked in the factory but their names had not been mentioned in the attendance, register. This was against the rules; hence he was prosecuted on a complaint filed by the inspector of factories. The courts below after consideration of the evidence on the record have recorded concurrent findings of fact that the Applicant has not maintained a proper attendance register inasmuch as he has not recorded the names of all the employees therein who were found working at the premises on the date of the inspection by the factory inspector. This is a finding of fact which cannot be assailed in revision.
(3.) THE learned Counsel for the Applicant has contended that Sri V.N. Agarwal who filed a complaint in the present case was not authorised to do so. He has relied upon Sections 8 and 9 of the Factories Act which runs thus: Section 8 (1). The State Govt. may, by notification in the official Gazette, appoint such persons as possess the prescribed qualification to be inspectors for the purposes of this Act and may assign to them Such local limits as it may think fit. 8 (4). Every DM shall be an Inspector for his district. (5) The State Govt. may also, by notification as aforesaid, appoint such public officers as it thinks fit to be Addl. Inspectors for all or any of the purposes of this Act within such local limits as it may assign to them respectively. (6) In any area where there are more Inspectors than one the State Govt. may, by notification as aforesaid, declare the powers which sue Inspectors shall respectively exercise and the Inspector to whom the prescribe d notices are to be sent. Section 9 Powers of Inspectors : - -Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed. 9 (c). Exercise such other powers as may be prescribed for carrying out the purposes of this Act.;