Delhi District Court
Factory Inspector vs . Rabinder Singh on 25 August, 2008
1
IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Rabinder Singh
U/s 61(G), 63 of Delhi Factories Rules, 1950
r/w Section 45 & 92 of Factories Act 1948
JUDGMENT
SL. No. of the case : 02402R0218542008 Date of commission of offence : 26.03.2008 Name of the complainant : Sh. J.N. Jain Inspector Factories Name of the accused & his : Rabinder Singh Sarna - Occupier parentage & residence. M/s Sarna International Pvt. Ltd G-15, Udyog Nagar, Peeragadhi, Delhi - 110 041 : D.N. Sharma - Manager M/s Sarna International Pvt. Ltd G-15, Udyog Nagar, Peeragadhi, Delhi - 110 041 Offence complained or proved : U/s 61(G), 63 of Delhi Factories Rules, 1950 r/w Section 45 & 92 of Factories Act 1948 Plea of accused : Pleaded guilty Final Order : Convicted Date of such order : 25.08.2008 2 A brief statement of the reasons of the decision.
Briefly sated the facts of case are that on 26.12.07 Sh J.N. Jain, Inspector Factories while inspecting M/s Sarna International Pvt. Ltd., found that health and safety policy has not been prepared and displayed and found that accused did not had any trained first aid person holding a valid certificate recognised by the State Government and the certificate of trained first aider Sh. Rakesh Kumar Srivastav had expired in the year 1987. Complaint was filed under Section 61(G), 63 of Delhi Factories Rules, 1950 r/w Section 45 & 92 of Factories Act 1948. Cognizance of offence was taken and accused were summoned.
On their appearance 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 61(G), 63 of Delhi Factories Rules, 1950 r/w Section 45 & 92 of Factories Act 1948 was served upon accused. Accused pleaded guilty voluntarily and stated that they have complied with the deficiencies pointed out by the inspector factories during inspection.
Before recording their plea of guilt they were explained of the consequences of pleading guilty but they persisted in their guilty. In view of the voluntary admission of guilt by the accused I convict both the accused for offence punishable under Section U/s 61(G), 3 63 of Delhi Factories Rules, 1950 r/w Section 45 & 92 of Factories Act 1948.
ANNOUNCED IN THE OPEN COURT ON 25.08.2008 (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. Rabinder Singh U/s 61(G), 63 of Delhi Factories Rules, 1950 r/w Section 45 & 92 of Factories Act 1948 ORDER ON SENTENCE Vide separate judgment accused Rabinder Singh and D.N. Sharma have been convicted of offence punishable U/s 61(G), 63 of Delhi Factories Rules, 1950 r/w Section 45 & 92 of Factories Act 1948.
I have heard the accused on point of sentence. Accused has produced the license issued under factories act which is valid up to 2012. It is further submitted that 2-3 persons are being trained for first aid treatment, safety policy has been formulated.
Considering their age antecedents facts and circumstances of the case I sentence the accused to pay fine of Rs. 15,000/- each in default one month simple imprisonment. File be consigned to record room.
ANNOUNCED IN THE OPEN COURT ON 25.08.2008 (SANJIV JAIN)
Addl. Chief Metropolitan Magistrate Karkardooma Courts : Shahdara