Section 19(2) in The Gujarat Shops and Establishments (Employees Life Insurance) Act, 1980
(2)When it is made to appear to the satisfaction of the Inspector at any time prior to the institution of the proceedings-(a)that the employer or manager of the establishment has used all due diligence to enforce the execution of this Act,(b)that the offence has been committed by a person other than the employer or manager, and(c)that it has been committed without the knowledge, consent or connivance of the employer or manager and in contravention of his orders,the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding, against the employer or manager of the establishment, and such person shall be liable to the like sentence as if he were the employer or manager.
