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In Re: Polisetti Govinda Rao of Ellore - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial;Criminal
CourtChennai
Decided On
Reported inAIR1947Mad223; (1946)2MLJ407
AppellantIn Re: Polisetti Govinda Rao of Ellore
Excerpt:
- - no claim can be made under section 71 of the indian factories act throwing the burden on the petitioner to show that any other person obstructed, because section 63 clearly indicates that there must be a wilful obstruction......a case in which the manager of the factory has been convicted and sentenced to pay a fine of rs. 50 for having obstructed the additional inspector of factories from entering the factory premises. my attention is not drawn to any evidence to indicate that the petitioner himself obstructed or that he asked any others to obstruct. no claim can be made under section 71 of the indian factories act throwing the burden on the petitioner to show that any other person obstructed, because section 63 clearly indicates that there must be a wilful obstruction. if it was wilful obstruction then the petitioner himself must have been present and obstructed. since there is no evidence to show that he obstructed, the petitioner has to be acquitted. the conviction and sentence are accordingly set aside and.....
Judgment:
ORDER

Kuppuswami Ayyar, J.

1. This is a case in which the manager of the factory has been convicted and sentenced to pay a fine of Rs. 50 for having obstructed the Additional Inspector of Factories from entering the factory premises. My attention is not drawn to any evidence to indicate that the petitioner himself obstructed or that he asked any others to obstruct. No claim can be made under Section 71 of the Indian Factories Act throwing the burden on the petitioner to show that any other person obstructed, because Section 63 clearly indicates that there must be a wilful obstruction. If it was wilful obstruction then the petitioner himself must have been present and obstructed. Since there is no evidence to show that he obstructed, the petitioner has to be acquitted. The conviction and sentence are accordingly set aside and the petitioner is acquitted.


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