yours faithfully sd j. p. bell mill manager.
400/ by the sub divisional magistrate howrah.
1954 nag.
similarly the revision application preferred by him before the high companyrt was also dismissed.
appeal from the judgment and order dated september 11 1961 of the high companyrt of calcutta in criminal revision number 362 of 1961.
manager.
the appellant is the managing director of jardine henderson ltd.
he was companyvicted of the offence and sentenced to pay a fine of rs.
the judgment of the companyrt was delivered by mudholkar j. the only point urged in this appeal from a decision of the high companyrt at calcutta is whether the occupier of a factory is liable to penalty under s. 92 of the factories act 1948 hereafter referred to as the act for the companytravention of the provisions of s. 52 of the act.
one j. p. bell was the manager of the mills in june 1957.
criminal appellate jurisdiction criminal appeal number 66 of 1962.
it would appear however that during the pendency of the trial the manager was permitted to proceed to england and the prosecution companytinued against the appellant alone.
on february 5 1957 the mill manager wrote anumberher letter to the chief inspector of factories requesting for approval of the new schedule of working hours.
the sangh however proposed alternative working hours for the c shift and there it is suggested that the workers would work on sunday from 8.30 p.m. to 6.00 a.m. this schedule was also accepted by the national union of jute workers to which some of the workmen in the mills belong.
both the appellant and bell were charged with an offence under s. 92 of the act read with s. 52.
number g.12/4968 the chief inspector of factories new secretariat building calcutta.
b. bagchi b. n. kirpal for p. k. bose for the respondent.
from the letter of the same date addressed to the manager by the general secretary of howrah jute mills karmachari sangha it would appear that the workers categorically refused to work according to the schedule proposed by the mill a.i.r.
n. ghosh nuthehari mukherjee and sukumar ghose for the appellant.
this would appear from the letter of its joint secretary dated january 21 1957.
however the high companyrt granted him a certificate to the effect that the case was fit for appeal to this companyrt and that is how the matter has companye up before us.
a companyy of this letter was sent to m s. jardine henderson ltd.
calcutta who are the managing agents of the howrah mills company limited of ramkristopur district howrah and as such occupiers of the mills within the definition of the term contained in s. 2 n of the act.
calcutta of which the appellant is admittedly the managing director.
