Delhi District Court
Factory Inspector vs . Ram Avtar Chamria on 9 August, 2007
1
IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Ram Avtar Chamria
U/s 11A, 102 of Delhi Factories Rules, 1950
r/w Section 6,7, 9(d) & 92 of Factories Act 1948
JUDGMENT
SL. No. of the case : 515/06 Date of commission of offence : 23.07.2006 Name of the complainant : Sh. J.N. Jain Inspector Factories Name of the accused & his : Ram Avtar Chamria - Occupier parentage & residence. M/s Vaidya Nadram Gigraj Chamria Plot no. 532, F.I. E. Patparganj Indl. Area, Delhi - 110 092 Offence complained or proved : U/s 11A, 102 of Delhi Factories Rules, 1950 r/w Section 6,7, 9(d) & 92 of Factories Act 1948 Plea of accused : Pleaded guilty Final Order : Convicted Date of such order : 09.08.2007 A brief statement of the reasons of the decision.
1) Briefly sated the facts of case are that on 23.07.06 at 4.25 pm Sh J.N. Jain, Inspector Factories while inspection found you engaged 18 workers in manufacturing of ayurvedic medicines, churan products with the aid of power without licence. Accused 2 did not produce the documents for inspection when she was asked to produce i.e. the licence and other registers such as Register of Adult workers in form no. 12, leave with wages register in form no.
15, Muster roll in form no. 26, accident register in form no. 27, Overtime register in form no. 10 etc. Complaint was filed under Section 11A, 102 of Delhi Factories Rules, 1950 r/w Section 6,7, 9(d) & 92 of Factories Act 1948. Cognizance of offence was taken and accused was summoned.
On hisr 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 11A, 102 of Delhi Factories Rules, 1950 r/w Section 6,7, 9(d) & 92 of Factories Act 1948 was served upon accused. He pleaded guilty voluntarily.
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 11A, 102 of Delhi Factories Rules, 1950 r/w Section 6,7, 9(d) & 92 of Factories Act 1948.
ANNOUNCED IN THE OPEN
COURT ON 09.08.2007 (SANJIV JAIN)
ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS
SHAHDARA, DELHI.
3
IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Ram Avtar Chamria U/s 11A, 102 of Delhi Factories Rules, 1950 r/w Section 6,7, 9(d) & 92 of Factories Act 1948 ORDER ON SENTENCE Vide separate judgment the accused Ram Avtar Chamria has been convicted of offence punishable U/s 11A, 102 of Delhi Factories Rules, 1950 r/w Section 6,7, 9(d) & 92 of Factories Act 1948.
I have heard the accused on point of sentence. Accused states that he is maintaining all the records and have complied with the deficiencies as pointed out by the Inspector Factories and has also obtained licence from the department.
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 09.08.2007 (SANJIV JAIN) ADDITIONAL CHIEF METROPOLITAN MAGISTRATE KARKARDOOMA COURTS SHAHDARA, DELHI.
4Factory Inspector Vs. Ram Avtar Chamria 9.8.07 Present : Inspector Factories.
Accused with counsel.
Accused has placed on record a photocopy of the licence obtained from the department and submits that he is now maintaining all the records as pointed out by inspector factories during inspection.
Charge framed. He pleads guilty voluntarily.
Vide separate judgment the accused Ram Avtar Chamria has been convicted of offence punishable U/s 11A, 102 of Delhi Factories Rules, 1950 r/w Section 6,7, 9(d) & 92 of Factories Act 1948. Heard on sentence. Accused is sentenced to pay fine of Rs. 10,000/- in default one month simple imprisonment. File be consigned to record room.
ACMM / KKD 9.8.07