Delhi District Court
Factory Inspector vs . V.K. Kalra on 29 April, 2008
IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. V.K. Kalra
U/s 11(A), 102 & 63 of Delhi Factories Rules,
1950 r/w Section 6,7, 45 & 92 of Factories Act
1948
JUDGMENT
SL. No. of the case : 02402R0504472006 Date of commission of offence : 5.06.2006 Name of the complainant : Sh. R.S. Singh Inspector Factories Name of the accused & his : V.K. Kalra - Occupier parentage & residence. M/s V.K. Rubber Industries, 340/4, Gali no. 1 B, Friends Colony Indl Area, Shahdara , Delhi.
Offence complained or proved : 11(A), 102 & 63 of Delhi Factories Rules, 1950 r/w Section 6,7, 45 & 92 of Factories Act 1948 Plea of accused : Pleaded guilty Final Order : Convicted Date of such order : 29.04.2008 A brief statement of the reasons of the decision.
1) Briefly stated the facts of the case are that on 5.6.06 at 3.00 pm Sh R.S. Singh, Inspector Factories while inspection found 17 workers working at M/s V.K. Rubber Industries, manufacturing rubber auto parts with the aid of power without licence. Accused did not produce the documents for inspection when he was asked to produce i.e. the licence and other registers such as Register of Adult workers in form no. 12, Muster roll in form no. 26, accident register in form no. 27, leave with wages register in form no.15, overtime register and inspection book etc. Complaint was filed under Section 11(A), 102 & 63 of Delhi Factories Rules, 1950 r/w Section 6,7, 45 & 92 of Factories Act 1948. Cognizance of offence was taken and accused was summoned.
2) On his appearance after supplying copies of chargesheet and hearing arguments, prima facie case was made out against accused. Accordingly notice for offence punishable under Section 11(A), 102 & 63 of Delhi Factories Rules, 1950 r/w Section 6,7, 45 & 92 of Factories Act 1948 was served upon accused. Accused pleaded guilty voluntarily.
3) Before recording his plea of guilt he was explained of the consequences of pleading guilty but he persisted in his guilt. In view of the voluntary admission of guilt by the accused I convict the accused for offence punishable under Section 11(A), 102 & 63 of Delhi Factories Rules, 1950 r/w Section 6,7, 45 & 92 of Factories Act 1948.
ANNOUNCED IN THE OPEN COURT ON 29.04.2008 (SANJIV JAIN) ADDITIONAL CHIEF METROPOLITAN MAGISTRATE KARKARDOOMA COURTS SHAHDARA, DELHI.
IN THE COURT OF SH. SANJIV JAIN ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. V.K. Kalra U/s 11(A), 102 & 63 of Delhi Factories Rules, 1950 r/w Section 6,7, 45 & 92 of Factories Act 1948 ORDER ON SENTENCE Vide separate judgment accused V.K. Kalra has been convicted of offence punishable U/s 11(A), 102 & 63 of Delhi Factories Rules, 1950 r/w Section 6,7, 45 & 92 of Factories Act 1948.
I have heard the accused on point of sentence. Accused states that he has closed the factory.
Considering his age antecedents facts and circumstances of the case I sentence the accused to pay fine of Rs. 10,000/- in default one month simple imprisonment. File be consigned to record room.
ANNOUNCED IN THE OPEN COURT ON 29.04.2008 (SANJIV JAIN) ADDITIONAL CHIEF METROPOLITAN MAGISTRATE KARKARDOOMA COURTS SHAHDARA, DELHI.