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2010 Supreme(Kar) 483

ASHOK B.HINCHIGERI
Rajesh Adani – Appellant
Versus
Assistant Labour Commissioner – Respondent


Advocates appeared:
For the Petitioner:Ravi B. Naik for Murthy, D Naik, Advocates.
For the Respondent: A.R. Patil, Addl. Spp.

Judgment :-

Ashok B. Hinchigeri, J.

The petitioners have sought the quashing of entire proceedings in C.C.No.884/2008 on the file of J.M.F.C II Court, Hubli. The facts of the case in brief are that Adani Enterprises Ltd. is a Private Limited Company, registered under the provisions of the Companies Act, 1956. The petitioner No.1 is Managing Director and petitioner No.2 is its Manager-Administration and Human Relations. The Assistant Labour Commissioner, Dharwad Division, Hubli (A.L.C for short) filed a complaint with the Magistrate against the petitioners for the offences punishable under Section 18 of Minimum Wages Act, 1948 and 29-b, 29(5) of Karnataka Minimum Wages Rules, 1958. The sum and substance of the complaint is that the attendance, overtime and wage registers are not produced at the time of investigation. The annual reports for the years 2004, 2005 and 2006 are not displayed Despite the receipt of notice on the petitioners, they did not comply with the requirements of law. The Magistrate, by his order, dated 17.7.2008 took the cognizance of the offence against the petitioners and issued the summons. This order was challenged by way of revision before the I Addl. Sessions
























































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