D.P.Uniyal, J. - (1.) This revision has been bled by Bhola Ram Agarwal Partner-cum-employer and Smt. Tara Devi described as occupier of Messers. Jakhodia Engineering Works, Jajmau Kanpur against their conviction and sentences of Rs. 75 each under Section 85 of the Employees' State Insurance Act, in default of payment of tine, to undergo one month's simple imprisonment.
(2.) Messrs. Jakhodia Engineering Works is a factory within the meaning of Section 2 (1) of the Employees' State Insurance Act, 1948 (herein, after referred to as the Act). By Section 44 (1) of the Act every principal and immediate employer is required to submit to The Corporation or its officers "such returns in such form and containing such particulars relating to persons employed by him or to any factory or establishment in respect of which he is The principal or immediate employer as may be specified in regulations made in this behalf."
(3.) Sub-section (3) of Section 44 lays down that every principal and immediate employer shall maintain such register or records in respect of his factory as may be required by regulations made in this behalf. The duty to inspect the registers or records of a fa story has been laid on The inspectors appointed by the Corporation in accordance with Section 45 of the Act. The prosecution ease was that the inspector of the Corporation had visited the applicants' factory first on the 5th and 6th September 1961, then on 27th November 1961 and lastly on 11th and 12th December 1961. It was said that on each of the above occasions the Inspector had called upon the applicants to produce for his inspection The registers and records of the factory but the applicants failed to comply with the directions of the Inspector. They were accordingly prosecuted for contravention of clause (e) of Section 85 of the Act.;