SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Criminal Appeal No. 343 of 2000 (Arising out of S.L.P. (Crl.) No. 2628 of 2000). D/d. 7.4.2000

State of Rajasthan - Appellants

Versus

Kailash Nath - Respondents

Constitution of India, Article 136 - Factories Act, 1948, Section 8(1) - High Court declined to grant leave to appeal on the ground that complainant had no powers of checking under the Factories Act - Said observation was made presumably on a misunderstanding that the Notification which conferred power on the said complainant was issued under the Boilers Act - Notification showing that empowerment was made under Section 8(1) of Factories Act - Apparently High Court would not have overlooked such Notification - Impugned order of High Court set aside - Matter remanded to High Court to dispose of the appeal on merits.

[Paras 2 and 3]

ORDER

K.T. Thomas, J. - Leave granted.

2. The High Court has declined to grant leave of appeal on the ground that the complainant-P.D. Gupta had no powers of checking under the Factories Act. The said observation was made presumably on a misunderstanding that the Notification which conferred power on the said complainant was issued under the Boilers Act. The Annexures produced by the State, when read by us, showed that the empowerment was made under sub-section (1) of Section 8 of the Factories Act. Apparently, the High Court would not have overlooked such Notifications. That apart, other points involved in the appeal have not been adverted to. This is eminently a case which requires consideration by the High Court in appeal and rejecting the petition for leave at the threshold would have prevented the High Court from going into all the materials available.

3. We, therefore, set aside the impugned order. The leave applied for will stand granted. We, therefore, request the High Court to dispose of the appeal on merits, after adverting to all the issues involved in the case, in accordance with law.

4. This appeal is disposed of accordingly.

Order accordingly.