Delhi District Court
Factory Inspector vs . Manoj Sharma on 14 December, 2007
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IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Manoj Sharma
U/s 11(A), 102 56, 55A of Delhi Factories
Rules, 1950 r/w Section 6,7,31,29 & 92 of
Factories Act 1948
JUDGMENT
SL. No. of the case : 02402R0649052007 Date of commission of offence : 17.08.2007 Name of the complainant : Sh. S. Pandiarajan Inspector Factories Name of the accused & his : Manoj Sharma - Proprietor parentage & residence. M/s Morya Motors 160, FIE Patparganj Industrial Area Delhi - 110 092 Offence complained or proved : U/s 11(A), 102,56 & 55 A of Delhi Factories Rules, 1950 r/w Section 6,7,31,29 & 92 of Factories Act 1948 Plea of accused : Pleaded guilty Final Order : Convicted Date of such order : 14.12.2007 A brief statement of the reasons of the decision.
1) Briefly sated the facts of case are that on 17.8.07 at 1.45 pm Sh S. Pandiarajan, Inspector Factories while inspection found 15 workers working at M/s Morya Motors in the work of servicing of 2 car with the aid of power without licence. Accused 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, Muster roll in form no. 26, accident register in form no. 27, leaves with wages register in form 15, inspection book and Overtime Muster Roll in form no. 10. Complaint was filed under Section 11(A), 102 56, 55A of Delhi Factories Rules, 1950 r/w Section 6,7,31,29 & 92 of Factories Act 1948. Cognizance of offence was taken and accused was summoned.
On his appearance after supplying copies of chargesheet and hearing arguments, prima facie case was made out against accused. Accordingly notice for offence punishable U/s 11(A), 102 56, 55A of Delhi Factories Rules, 1950 r/w Section 6,7,31,29 & 92 of Factories Act 1948 was served upon accused. Accused pleaded guilty voluntarily.
Before recording his plea of guilt he was explained of the consequences of pleading guilty but he persisted in his guilty. In view of the voluntary admission of guilt by the accused I convict the accused for offence punishable under Section 11(A), 102 56, 55A of Delhi Factories Rules, 1950 r/w Section 6,7,31,29 & 92 of Factories Act 1948.
ANNOUNCED IN THE OPEN
COURT ON 14.12.2007 (SANJIV JAIN)
ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS
SHAHDARA, DELHI.
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IN THE COURT OF SH. SANJIV JAIN
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE KARKARDOOMA COURTS, SHAHDARA, DELHI.
Factory Inspector Vs. Manoj Sharma U/s 11(A), 102 56, 55A of Delhi Factories Rules, 1950 r/w Section 6,7,31,29 & 92 of Factories Act 1948 ORDER ON SENTENCE Vide separate judgment accused Manoj Sharma has been convicted of offence punishable U/s 11(A), 102 56, 55A of Delhi Factories Rules, 1950 r/w Section 6,7,31,29 & 92 of Factories Act 1948.
I have heard the accused on point of sentence. Accused states that he is maintaining all the records and has complied with the deficiencies as pointed out by the Inspector Factories.
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 14.12.2007 (SANJIV JAIN) ADDITIONAL CHIEF METROPOLITAN MAGISTRATE KARKARDOOMA COURTS SHAHDARA, DELHI.