Delhi District Court
Factory Inspector vs . Ramesh Handa on 8 October, 2008
1
IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Ramesh Handa
U/s 63 & 102 of Delhi Factories Rules, 1950, read
with Section 9(d), 45 & 92 of the Factories Act 1948
JUDGMENT
SL. No. of the case : 02402R0597142008
Date of commission of offence : 18.06.2008
Name of the complainant : Sh. S.P. Rana
Inspector Factories
Name of the accused & his : Ramesh Handa - Occupier
parentage & residence. M/s Saya Automobiles Ltd
B-2, GTK Road Industrial Area,
Delhi - 110 033
Offence complained or proved : U/s 63 & 102 of Delhi Factories Rules,
1950, read with Section 9(d), 45 & 92
of the Factories Act 1948
Plea of accused : Pleaded guilty
Final Order : Convicted
Date of such order : 08.10.2008
A brief statement of the reasons of the decision.
2Briefly sated the facts of case are that on 18.6.08 Sh S.P. Rana, Inspector Factories while inspecting M/s Saya Automobiles Ltd asked the accused to produce registers i.e. Leave with wages register in form no. 15, Muster roll in form no. 26, Accident Register in form no. 27, Register of Adult workers in form no. 12 and licence which the accused did not produce for inspection. The inspector factories also found that no trained first aider was present during inspection. Complaint was filed under Section 63 & 102 of Delhi Factories Rules, 1950, read with Section 9(d), 45 & 92 of the Factories Act 1948. Cognizance of offence was taken and accused were summoned.
On appearance of accused Ramesh Handa after supplying copies of chargesheet and hearing arguments, prima facie case was made out against both the accused. Accordingly notice for offence punishable U/s 63 & 102 of Delhi Factories Rules, 1950, read with Section 9(d), 45 & 92 of the Factories Act 1948 was served upon accused. Accused Ramesh Handa pleaded guilty voluntarily and stated that he has complied with the deficiencies pointed out by the inspector factories during inspection and has deputed Sh. G.D. Bhatt for taking training in first aid and has also obtained licence. Ld counsel for accused VPS Bargoti stated that he pleads guilty on his behalf.
3Before recording the plea of guilt they were explained of the consequences of pleading guilty but they persisted in their guilt. In view of the voluntary admission of guilt by the accused I convict the accused for offence punishable under Section U/s 63 & 102 of Delhi Factories Rules, 1950, read with Section 9(d), 45 & 92 of the Factories Act 1948 .
ANNOUNCED IN THE OPEN COURT ON 08.10.2008 (SANJIV JAIN) Addl. Chief Metropolitan Magistrate Karkardooma Courts : Shahdara 4 IN THE COURT OF SH. SANJIV JAIN ADDITIONAL CHIEF METROPOLITAN MAGISTRATE KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Jaideep Oberoi U/s 63 & 102 of Delhi Factories Rules, 1950, read with Section 9(d), 45 & 92 of the Factories Act 1948 ORDER ON SENTENCE Vide separate judgment accused Ramesh Handa and VPS Bargoti have been convicted of offence punishable U/s 63 & 102 of Delhi Factories Rules, 1950, read with Section 9(d), 45 & 92 of the Factories Act 1948 .
I have heard the accused on point of sentence. Accused state that he has complied with the deficiencies pointed out by the inspector factories during inspection.
Considering his age antecedents facts and circumstances of the case I sentence the accused to pay fine of Rs. 10,000/- each in default one month simple imprisonment. File be consigned to record room.
ANNOUNCED IN THE OPEN
COURT ON 08.10.2008 (SANJIV JAIN)
Addl. Chief Metropolitan Magistrate
Karkardooma Courts : Shahdara