1. The petitioner/accused seeks quashing of proceedings in S.T.C.No.77 of 2009 on the file of VII Metropolitan Magistrate, Hayatnagar, Ranga Reddy District relating to offence punishable under Section 13(1) of the Industrial Employment (Standing Orders) Act, 1946 (in short, the Act).

2. It is alleged that the petitioner’s Industrial Establishment was inspected by the Squad team on 30.01.2009 and 02.02.2009 and found that the accused failed to comply with Section 3 of the Act and that the accused was served notice by the Deputy Commissioner of Labour, Ranga Reddy District vide notice dated 05.02.2009 and acknowledged on 07.02.2009 by the petitioner and that the Certifying Officer under the Act viz., Joint Commissioner of Labour, Ranga Reddy Zone granted permission to prosecute the employer/accused of the Industrial Establishment for violation of Section 3(1) of the Act and permitted the Assistant Labour Officer, Ibrahimpatnam to institute the prosecution against the accused in Court vide proceedings dated 28.05.2009.

3. It is foremost contention of the petitioner that the petitioner’s establishment is registered under the Andhra Pradesh Shops and Establishment Act as Commercial Establishment and registration is being renewed from time to time and that therefore, the petitioner’s Establishment cannot be termed as Industrial Establishment within the meaning of the Act. This contention of the petitioner is fallacious. Simply because establishment of the petitioner is registered under one enactment like the A.P., Shops and Establishment Act, it cannot be said that except that enactment, no other enactment is applicable to that establishment. Applicability or otherwise of the Act to the petitioner’s establishment depends on definition of Industrial Establishment contained in the Act and it cannot be adjudged on the basis of registration of the petitioner’s establishment under the A.P., Shops and Establishment Act. Section 2(e) of the Act defines ‘Industrial Establishment’ as follows: “(e) “industrial establishment” means-

(i) an industrial establishment as defined in clause (ii) of Section 2 of the payment of Wages Act, 1936, or

(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or

(iii) a railway as defined in clause (4) of Section 2 of the Indian Railways Act, 1890, or

(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen”

4. Section 2(ii) of the Payment of Wages Act, 1936 reads as follows: “(ii) “industrial or other establishment” means any-

(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward;

(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India;

(b) dock, wharf or jetty;

(c) inland vessel, mechanically propelled;

(d) mine, quarry or oil-field;

(e) plantation;

(f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale;

(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on;

(h) any other establishment or class of establishments which the appropriate Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;”

5. The Public Prosecutor placed Andhra Pradesh Gazette dated 19.12.2007 wherein G.O.Ms.No.116, Labour, Employment, Training & Factories (Lab.II), 07.12.2007 was published relating to Revision of Mi