1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.373 OF 2010 M/s.Sea rock Shipping and Cargo & Anr. : Petitioners V/s. Smt.K.D.Mhaske & Anr. : Respondents .... Mr.K.S.Bapat i/b. Mr.A.Fatangare for the petitioners. Mr.M.B.Kale for respondent no.1. Ms A.T.Jhaveri, Addl. Public Prosecutor for respondent no.2. .... CORAM : B.R. GAVAI, J. DATE : APRIL 12, 2010. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. The petitioners challenge the order passed by the learned Labour Court dated 4.8.2008 in complaint (MHWA) No.6 of 2007 thereby convicting the petitioners for the offence punishable under clauses 14 and 30(2) of the Clearing and Forwarding Unprotected and Other Manual Workers (Regulation of Employment and Welfare) Scheme, 1991 punishable under clause 43 of the said Scheme and sentencing them to 2 suffer R.I. for 15 days and to pay a fine of Rs.500/- on each count and in default to suffer R.I. for 7 days and the order dated 6.1.2010 passed by the learned appellate authority thereby though maintaining the order of conviction, reduced the sentence to a period of three days of simple imprisonment. 3. It can clearly be seen from the order of the appellate Court that the appellate Court has come to a conclusion that during the pendency of the appeal, the appellants (petitioners herein) were, in fact, registered with the Mathadi Board. The learned appellate authority has come to a finding that the petitioners are not hardened criminal. They do not have any past contravention of any of the clauses of the scheme. 4. The petitioners have established their bona fides by registering with the Board. From the judgement of the learned appellate authority, it will be seen that the petitioners at no earlier point of time had breached the conditions of the said clause. In that view of the matter, I find that the imprisonment of the petitioners was not justified. 5. Criminal Writ Petition is partly allowed. While maintaining the order of conviction, the order of both the Courts insofar as sentencing the petitioners to suffer imprisonment is concerned, the same is quashed and 3 set aside. The order of payment of fine of Rs.500/- is modified and the fine is enhanced to Rs.5,000/-. The fine and so also the original fine of Rs.500/- if not deposited, be deposited within a period of two weeks from today. The fine be deposited with the learned trial Court. 6. The rule is partly made absolute in the aforesaid terms. 7. Parties to act on an authenticated copy of this order. B. R. GAVAI, J.