State Of Gujarat vs Bhupendranath Bhatia on 5 August, 1966

JUDGMENT

1. The acquittal challenged is quite correct because under S. 62 of the Bombay Shops and Establishments Acts, 1948, it is only the employer who is required to maintain the register and the record and not the manager. The employer has already been convicted and so the acquittal of the manager is quite correct. Section 52 of the said Act can be applied only when the manager is convicted. When the manager cannot be convicted, S. 52 has no application. Moreover, under S. 2(16) of the Act, manager means a person declared to be a manager under S. 7. There is no evidence to show that the respondent is such a manager. The appeal is, therefore, dismissed.