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1991 Supreme(Guj) 45

K.J.VAIDYA
STATE OF GUJARAT – Appellant
Versus
C. K. PATEL – Respondent


Advocates Appeared: D.K.TRIVEDI, K.S.JAVERI, M.H.RATHOD

K. J. VAIDYA, J.

( 1 ) THIS group of nine acquittal appeals by the State arise out of the judgment and order dated 6-2-1990, passed by the learned J. M. F. C. , Deesa wherein the respondent-accused who came to be tried for the alleged contravention of certain provisions under the Gujarat Minimum Wages Rules, 1961 read with secs. 18 and 22 of the Minimum Wages Act, 1948, was ordered to be acquitted on the short ground of the complainant being absent when the cases were called out.

( 2 ) MR. D. K. Trivedi, the learned P. P. while challenging the impugned orders of acquittal, with due respect to the trial Court, submitted that these days a tendency appears to be increasingly growing taking offences under the labour legislation too lightly and accordingly are more disposed of perfunctorily rather than deciding them on merits. The learned P. P. further submitted that in the instant cases also, the trial Court has not evinced the desired care while arbitrarily terminating the trials into premature acquittals. The learned P. P. submitted that in the beginning of the proceedings, long-rope was given to the accused as cases went on being adjourned from time to time and then all of a sudden,










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