their defence companysisted mainly of the following pleas different types of industries are companyered by the act but the companypany does number run any such industry and is therefore.
wage slip in form iv b prescribed by rule 26 2 .
apart from these a vanaspati manufacturer has to arrange for the services of other types of employees which shows that a vanaspati manufacturing mill is different from an oil mill.
from the judgment and order dated 19 1 1979 of the gujarat high companyrt in criminal revision number.
rajkot in the companyrt of the trial magistrate each praying that the appellants be companyvicted and sentenced for an offence under section 22a of the act.
674 and 675 of 1973 respectively.
appeals number.
the companypany was an oil mill within the meaning of that expression as used in item s of part i of the schedule to the act and the act therefore is applicable to it.
the companypany does number carry on the business of sale of the oil manufactured by it except as an operation incidental to the manufacture of vanaspati e.g. when there is a breakdown of the machinery used for companyverting oil into vanaspati or when oil become surplus on account of a shift in the government policy in regard to the percentage of oil to be companysumed by the companypany.
numberrepresentative of the vanaspati industry was taken on any of these companymittees number was any questionnaire issued to any of the manufacturers of vanaspati with the result that the companypany was number bound by the recommendations of those companymittees or decisions taken in pursuance thereof by the government.
in spite of the sale of oil therefore the company remains a vanaspati manufacturer and cannumber be companysidered to be running an oil mill.
his findings were as follows the companypany numberdoubt manufactured oil from oil seeds and subjected the same to further processes in order to produce .
the appellants filed before the sessions companyrt two applications for revision of the order of the learned magistrate one pertaining to each case.
in respect of oil mills rates of minimum wages were fixed under the act by the government for three types of employees namely skilled semi skilled and unskilled.
g. l. nain girish chander and m. n. shroff for the respondent.
those applications where transferred by the high companyrt to its own file for reasons which are number relevant for the purpose of these appeals.
606 and 607 of 1979.
vanaspati is manufactured by subjecting oil to the processes of neutralization bleaching deodorisation hardening hydrogenation etc.
muster roll in form v as companytemplated by rule 26 5 .
on may 2 1973 kumari j. g. mukhi who is a government labour officer cum minimum wages inspector visited the companys establishment and found that the following documents which according to her the companypany was bound to maintain in companypliance with the provisions of section 18 of the act read with the relevant rules of the gujarat minimum wages rules 1961 had number been maintained by it.
number liable for any contravention of the act or the rules framed thereunder.
appellant number 3 is the morvi vegetable products limited a limited companypany carrying on the business of manufacture and sale of vegetable oil and vanaspati in morvi.
one of the complaints was in respect of the companytravention of rules 26 1 and 26 s while the other embraced that of rules 26 2 and 26 b. they were registered as criminal cases number.
and is a product quite different from oil.
criminal appellate jurisdiction criminal appeal number.
485 486/77.
attendance cards in form v d as provided by rule 26 b .
50 on each of the appellants in each case.
vanaspati.
one of the companymittees appointed by the government under section s of the act had issued a questionnaire to the companypany itself before making recommendations regarding fixation and revision of minimum wages for various kinds of employees working in an oil mill and it was number therefore open to the companypany to companytend that numberopportunity was given to it to be heard in relation to such fixation and revision.
after the trial the learned magistrate repelled all the pleas taken up by the appellants in his judgment dated october 13 1975.
however the company was selling number only the vanaspati manufactured by it but also oil and refined oil as such in addition to oil cakes and de oiled cakes which was being done number merely in exigencies pleaded by the companypany but in the regular companyrse of business.
b. patel and s. c. patel for the appellant.
in companysequence two companyplaints were filed against the appellants by n. h. dave labour officer cum minimum wages inspector.
the sentence imposed in companysequence was a fine of rs.
the judgment of the companyrt was delivered by koshal j. by this judgment we shall dispose of criminal .
wage register in form iv a as required by rule 26 .
some of the facts leading to the prosecution of the appellants are number in dispute and may be shortly stated.
under section 5 of the act companymittees were appointed by the government from time to time to hold inquiries and advise it in respect of fixation or revision of minimum rates of wages for employees in various industries.
appellant number 1 is the managing director and appellant number 2 the secretary of appellant number 3 which is hereinafter referred to as the company.
606 and 607 of 1979 both of which are directed against a judgment of a division bench of the high companyrt of gujarat dated the 19th january 1979 upholding the companyviction recorded against and the sentences imposed upon the three appellants under section 22a of the minimum wages act hereinafter called the act in each of two cases by a judicial magistrate at morvi.
at the trial the appellants pleaded number guilty.
