Section 119
of Labour Act
Section 119
(1)
When an employer is charged with an offence against this
Chapter or any rule made thereunder he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge and if, after the commission of the offence has been proved, the employer shall prove to the satisfaction of the court that he has used due diligence to enforce the provisions of this Chapter and that the said other person has committed the offence in question without his knowledge, consent or connivance, the said other person shall be liable to be summarily convicted
Labour
p. 68
of such offence and in such case the employer shall be exempt from any penalty.
(2)
When it appears to the Commissioner at the time of discovering an offence that the employer has used due diligence to comply with the provisions of this Chapter or any rule made thereunder and that the person who committed the offence did so without knowledge, consent or connivance of the employer, then the Commissioner may proceed against that person in the first instance without first proceeding against the employer.
Penalties.