1995 CRI. L. J. 1581 ::(1994) 69 FacLR 437 ::(1995) 1 LabLJ 206 ::1995 (1) Crimes 176 ::1994 (2) GujLH 109

Gujarat High Court

Hon'ble Judge(s): M. S. Parikh , J

(A) Factories Act (63 of 1948) , S.92— Gujarat Factories Rules (1963) , R.94, S.95(1), S.110A— Complaint for contravention of provi sion of Act and Rules - Filing of - Said contravention whether amounts to one offence or distinct offences workerwise - Depends upon nature of obligation under relevant pro vision of Act or Rule. Constitution of India , Art.20— While considering whether a contravention of particular rule reflects one offence or distinct offences workerwise depends upon the nature of the obligation under the relevant rule or provision of the Act. While applying the penal provision contained in Sec. 92 of the Act, nature of contra vention under the particular rule or the provision of the Act has to be seen: There may be a rule or provision of the Act which would reveal one distinct offence when the rule or provision is contravened. There may be a rule, or provision of the Act, contravention of which may reveal distinct offences as per the number of workers in respect of whom the contravention of violation is complained of. Even Article 20 speaks of viola tion of law in force and uses the words "any offence". If the law in force prescribes different acts or number of acts to be different offences, then there is no impediment under Article 20 in prosecuting the same person for violation of such different acts under the concerned law i....