- (1.) THIS is an appeal by the State of West bengal against the order of acquittal passed by the Sub-divisional Judicial magistrate, Kalimpong, in a trial where the accused-respondent was found not guilty in respect of the charge under section 18 (1) of Minimum Walges Act read with Rules 22 (1), 23 (4) and 23 (5) framed by the State under the Minimum Wages Act.
(2.) THE prosecution case is simple. The accused N. Seen has been carrying on business for making shoes engaging labourers but, according to the prosecution allegation, the accused did not maintain any register whatsoever as required to be maintained under the Minimum wages Act and under the Rules framed by the State there under. It appears from the evidence on record and from the judgment that the accused did not maintain any register whatsoever send the plea taken at the time of trial is that. there is no provision of law under the minimum Wages Act or under the Rules for maintenance of any register in any manufactory where shoes are manufactured with the aid of labour because in the schedule there is no mention about manufacture of shoes. It appears that the learned Magistrate accepted the contentions and on that ground the accused was acquitted.
(3.) SECTION 2 of the Minimum Wages act speaks about the schedule of employment in connation with which the employer is required to comply with the provisions of the Act and Section 18' (1) of the said Act says that every employer shall maintain such register and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. Rule 23 (1)enumerates the registers to be maintained by the employer. We are concerned in this case with sub-Rules 4 arid 5 of Rule 23 where it has been stated that an over-time register in Form iv shall be maintained in Form V. Admittedly in this case no register was maintained by the respondent in the manufactory, the place where he gets the shoes manufactured through his labourers.;