The companyplaint which resulted in the companyviction of the two appellants, of whom, one Goenka was the owner of the Khas Jawbad Colliery, and the other, viz.,
under which these rules were admittedly framed and, 2 they having been framed under s. 30 bb of the Mines Act, 1923, cannot be deemed to be rules made under the Mines Act, 1952, as.
Appeal from the judgment and order dated July 12, 1956, of the Calcutta High Court in Criminal Revision No.
N. Gupta, the manager of the companyliery, alleged that they had companytravened Rule 7 of the Mines Creche Rules, 1946, inasmuch as numbercreche attendant as required by that rule had been appointed there.
April 18.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
7 of 1957.
134 1 c of the Constitution is against a judgment and order of that companyrt, upholding the companyviction of these appellants under s. 73 of the Indian Mines Act, for companytravention of Rule 7 of the Mines Creche Rules, 1946.
was delivered by Das Gupta J. Mudholkar J. delivered a separate Judgment.
270 of 1956.
The High Court however gave a certificate under Art.
The Judgment of Sinha C. J., S. K. Das, K. Das Gupta and N. Rajagopala Ayyangar JJ.
134 1 c and on that certificate the present appeal has been filed.
After an appeal of the present appellants to the Court of Sessions was dismissed, they moved the High Court in revision, but were unsuccessful, except that their sentences were reduced.
Rule 3 of these rules requires the owner of every Mine to Construct there a creche in accordance with the plans prepared in companyformity with the rules and previously approved by the companypetent authority Rule 7 provides that the owner of the mine shall appoint a creche in charge, who shall be a woman possessing such qualifications and training as may be approved by the companypetent authority.
DAs GUPTA, J. This appeal on a certificate granted by the High Court of Calcutta under Art.
Sen, D. N. Mukherjee and P. K. Bose, for the respondent.
The main companytentions raised on behalf of the appellants are, 1 that the Mines Creche Rules, 1946, had stood repealed, along with the repeal by s. 88 of the Mines Act of 1952, of the Mines Act, 1923,.
C. Mazumdar, for the appellants.
