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State of Gujarat Vs. Bhupendranath Bhatia - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtGujarat High Court
Decided On
Case NumberCriminal Appeal No. 277 of 1965
Judge
Reported in(1967)IILLJ496Guj
ActsBombay Shops and Establishments Acts, 1948 - Sections 52 and 62
AppellantState of Gujarat
RespondentBhupendranath Bhatia
Excerpt:
- 1. the acquittal challenged is quite correct because under s. 62 of the bombay shops and establishments acts, 1948, it is only the employer who is required to maintain the register and the record and not the manager. the employer has already been convicted and so the acquittal of the manager is quite correct. section 52 of the said act can be applied only when the manager is convicted. when the manager cannot be convicted, s. 52 has no application. moreover, under s. 2(16) of the act, manager means a person declared to be a manager under s. 7. there is no evidence to show that the respondent is such a manager. the appeal is, therefore, dismissed.
Judgment:

1. The acquittal challenged is quite correct because under S. 62 of the Bombay Shops and Establishments Acts, 1948, it is only the employer who is required to maintain the register and the record and not the manager. The employer has already been convicted and so the acquittal of the manager is quite correct. Section 52 of the said Act can be applied only when the manager is convicted. When the manager cannot be convicted, S. 52 has no application. Moreover, under S. 2(16) of the Act, manager means a person declared to be a manager under S. 7. There is no evidence to show that the respondent is such a manager. The appeal is, therefore, dismissed.


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