SHANKAR BALAJI WAJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) (Majority Judgment:on behalf of Kapur J. and himself.) This appeal, by special leave, is directed against the order of the High Court of Bombay, rejecting the reference made by the Additional Sessions Judge, Nasik, and confirming the conviction of the appellant under S. 92 of the Factories Act, 1948 (Act LXIII of 1948), hereinafter called the Act.

(2.) The appellant is the owner and occupier of 'Jay-Parkash Sudhir Private Ltd.', a factory which Manufactures bidis. Pandurang Trimbak Londhe, hereinafter called Pandurang, rolled bidis in that factory for a number of days in 1957. He ceased to do that work from August 17, 1957. It was alleged by the prosecution that the appellant terminated Pandurang's services by a notice put up on August 12, 1957. The appellant, however, admitted the putting up of such a notice, but denied that Pandurang, the labourer, had left his service of his own accord.

(3.) Inspector Shinde, P. W. 1, visited this factory on August 22, 1957. He found from the weekly register and the wages register of the Factory that Pandurang worked for 70 days and earned 4 day's leave. Pandurang, however, did not enjoy that leave and was therefore entitled to be paid wages for that period i. e., for 4. days leave. He was not paid those wages, an therefore, the appellant contravened the provisions of S. 79 (11) of the Act. He consequently submitted a complaint against the appellant to the Judicial Magistrate, First Class, Sinnar.