STATE OF GUJARAT Vs. JASHRAJBHAI TAGABHAI GOHIL

JUDGEMENT

(1.) These two appeals filed by the State are directed against the orders passed by the learned Chief Judicial Magistrate First class Palanpur before whom their respondent-original accused who is the same in both the cases was tried for the offense punctual under sec. 22-A of the Minimum Wages Act 1948 (the Act) and was sentenced to pay a fine of Rs. 10/in default 7 days S. I. in case No. 85 of 1979 from which arises criminal No. 467 of 1979 and fine of Rs. 15/in default 7 days Sit in case No. 87 of 1979 from which arises criminal appeal No. 468 of 1979. In the first mentioned case the prosecution was launched for breach of rules 21(4) and 25(2) of the Minimum Wages Rules 1961 (the Rules); while in the other case the same was for breach of rules 26(1) 26 and 26(5) of the Rules in are for not maintaining a muster roll pay roll and not issuing pay slips The complaint was filed by the Minimum Wage Inspector Palanpur in both the cases

(2.) The learned Magistrate then recorded the plea of the accused and on the accused pleading guilty he accepted the same and passed the impugned orders of conviction and sentence in both the cases aggrieved by which orders so far as the sentence is concerned the State has preferred these two appeals for enhancement of sentence.

(3.) At the outset it may be mentioned that Mr. Raval the learned Advocate appearing for the accused-respondent in both the appeals in response to the notice of the appeals served on the accused-for enhancement of sentence challenges the order of conviction on the ground that this is a clear case of plea bargaining and that the learned Chief Judicial Magistrate has passed the order of conviction and sentence without applying his mind to the facts of the case.