KOSHI, M.S.MENON
G. – Appellant
Versus
Ramanan; For Petitioner Government Pleader; For Respondent – Respondent
1. The petitioner has been convicted by the Second Class Magistrate of Cochin in Calendar Case No. 619 of 1954 by his judgment dated 22.12.1955. The concluding portion of the judgment reads as follows:
"In the result I convict the accused under S.45(1) of Act IX of 1125 read with S.41(3) of the said Act and sentence him to pay a fine of Rupees Twenty-five or in default to undergo simple imprisonment for two weeks".
2. Act IX of 1125 is the Travancore-Cochin Shops and Establishments Act, 1125. Sub-s. (1) of S.45 of that Act provides that any employer who contravenes any of the provisions of the sections enumerated in that sub-section "shall be punishable, for a first offence, with fine which may extend to twenty-five rupees and for a second and subsequent offence, with fine which may extend to two hundred and fifty rupees". S.41 is one of the sections mentioned in S.45(1) and it reads as follows:
"(1) No employer shall dispense with the services of a person employed continuously for a period of not less than six months, except for a reasonable cause and without giving such person at least one month's notice or wages in lieu of such notice, provided, however that such notice
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