It companysists of warming of bidis to give taste, wrapping them in tissue papers, labelling and finally bundling them in the Pudas.
Rameband, son of Gyan.
368 of 1953, against the order dated August 5, 1953, of the Judge Magistrate, Sagar, in Criminal Case No, 146 of 1953.
On December 9, 1952, Sri B. V. Desai, the Inspector of Factories, Madhya Pradesh, Nagpur, visited the factory at 5 30 p. m. At the time of his inspection he found the following persons in the factory Pirbaksha, son of Amir.
Appeal by special leave from the judgment and order dated September 16 1954, of the former Nagpur High Court in Criminal Revision No.
The documents embodying the terms of the companytract entered into by the Sattedars were number produced in the case.
The 1st Appellant, Chintamanrao, is the Managing Partner of the firm while the 2nd appellant, Kantilal, is its active Manager.
Basodi, son of Gulu, 1343 Of the aforesaid persons, Deviprasad, Nirpat and Gotiram are Sattedars and the rest are companylies employed by the Sattedars.
The first stage The management enters into a companytract with independent companytractors, known as Sattedars, for the supply of bidis locally.
295 of 1954, arising out of the judgment and order dated March 8, 1954, of the Second Additional Sessions Judge at Sagar in Criminal Appeal No.
The finished product is then marketed.
Deviprasad, son of Uddam.
The selected or approved bidis are separately packed in bundles of 10 and 25 and taken by the Sattedars or the companylies in gauze trays to tandul and left there.
Some of the Sattedars maintain a small factory where they get bidis manufactured by engaging companylies.
As aforesaid with Special Leave of this Court, this appeal was filed against the Order of the High Court.
Thereafter the second stage of the process of the manufacture begins in the factory.
But the terms of the companytract are number in dispute.
93 of 1955.
1342 The management pays the Sattedars the companyt of the manufacture of bidis after deducting therefrom the companyt of tobacco supplied to them.
The Inspector found the first seven persons sorting out bidis and packing them into bundles of 10 and 25 in the premises and the last two bringing the bidis to the room in jali for warming.
Messrs. Brijlal Manilal and Company is a bidi factory situated in Sagar.
The rejected bidis, companymonly known as I chhant are again rebundled by the Sattedars and delivered to the factory.
The Company manufactures bidis.
The said facts are practically admitted by some of the aforesaid persons, who gave evidence in the case, and they explained that they came to the factory on that day for delivering the bidis manufactured by them to the factory.
Thereafter the Chief Inspector of Factories filed a companyplaint in the Court of the Judge Magistrate, Sagar, against the appellants for violation of the provisions of ss.
62 and 63 of the Act, under the former for failure to maintain the register of adult workers with all the prescribed entries duly filled in and under the latter for allowing the workers to work in the factory without making beforehand the entries of their attendance in the register of adult workers.
50 and Rs.
25 respectively.
The Revision Petition filed by the appellants in the High Court of Judicature at Nagpur was dismissed.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Others give tobacco and bidi leaves to outsiders who prepare bidis in their houses.
Abdul Sagir, son of Sk.
N. Shroff, for the respondent.
Before posing the questions raised it would be companyvenient and useful at the outset to state the facts either found by the High Court or admitted by the parties.
The following Judgment of the Court was delivered by SUBBA RAO J. This appeal by Special Leave is directed against the Order of the High Court of Judicature at Nagpur and raises the question of companystruction of some of the provisions of the Factories Act LXIII of 1948 hereinafter referred to as the Act .
Ramshankar, son of Mulchand.
1341 C. Chatterjee and Rameshwar Nath, for the appellants.
Gopal, son of Mulchand.
February 18.
The Management supplies tobacco to the Sattedars and in some cases bidi leaves.
After bidis are rolled in the Sattedars companylect the bidis so manufactured and take them to the factory directly or through companylies where they are sorted and checked by the workers in, the factory.
Nirpat, son of Bhagirath.
The process of manufacture, so far as is relevant to the question raised, is carried out in two stages.
Gotiram, son of Lila.
