Delhi District Court
Factory Inspector vs . Pradeep Kumar Khanna on 9 September, 2008
1
IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Pradeep Kumar Khanna
U/s 102, 63, 56 of Delhi Factories Rules, 1950,
read with Section 9(d), 45, 31 & 92 of the Factories
Act 1948
JUDGMENT
SL. No. of the case : 02402R0317622008
Date of commission of offence : 29.01.2008
Name of the complainant : Sh. J.N. Jain
Inspector Factories
Name of the accused & his : Pradeep Kumar Khanna - Occupier,
parentage & residence. M/s THERMOKIN
a-24, Naraina Industrial Area, Ph I
Delhi - 110 028
Offence complained or proved : U/s 102, 63, 56 of Delhi Factories
Rules, 1950, read with Section 9(d),
45, 31 & 92 of the Factories Act 1948
Plea of accused : Pleaded guilty
Final Order : Convicted
Date of such order : 09.09.2008
A brief statement of the reasons of the decision. 2 Briefly sated the facts of case are that on 29.1.08 Sh J.N. Jain, Inspector Factories while inspecting M/s THERMOKING asked him documents for inspection which he was asked to produce 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, Register of Lime washing and painting in form no. 7 and Inspection. Neither any trained first aider was present during inspection nor pressure vessel examination of two number of Air compressor with receiver was maintained. Complaint was filed under Section 102, 63, 56 of Delhi Factories Rules, 1950, read with Section 9(d), 45, 31 & 92 of the Factories Act 1948. Cognizance of offence was taken and accused were summoned.
On his appearance after supplying copies of chargesheet and hearing arguments, prima facie case was made out against the accused. Accordingly notice for offence punishable U/s 102, 63, 56 of Delhi Factories Rules, 1950, read with Section 9(d), 45, 31 & 92 of the Factories Act 1948 was served upon accused. Accused pleaded guilty voluntarily and stated that he has complied with the deficiencies pointed out by the inspector factories 3 during inspection.
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 U/s 102, 63, 56 of Delhi Factories Rules, 1950, read with Section 9(d), 45, 31 & 92 of the Factories Act 1948.
ANNOUNCED IN THE OPEN COURT ON 09.09.2008 (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. Pradeep Kumar Khanna U/s 102, 63, 56 of Delhi Factories Rules, 1950, read with Section 9(d), 45, 31 & 92 of the Factories Act 1948 ORDER ON SENTENCE Vide separate judgment accused Pradeep Kumar Khanna has been convicted of offence punishable U/s 102, 63, 56 of Delhi Factories Rules, 1950, read with Section 9(d), 45, 31 & 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. He has also placed on record a receipt issued by St. John Ambulance Association for training a person to give first aid. 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 09.09.2008 (SANJIV JAIN)
Addl. Chief Metropolitan Magistrate
Karkardooma Courts : Shahdara