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2012 Supreme(Ker) 523

P.S.GOPINATHAN
S. Anandan – Appellant
Versus
Assistant Labour Officer – Respondent


Advocates Appeared:
For the Petitioner:V.G. Arun, Advocate.
For the Respondent: Smt. S. Hyma, Government Pleader.

JUDGMENT

1. Petition under Section 482 of the Code of Criminal Procedure. Petitioner is the accused in ST No.51 of 2005 on the file of the Judicial Magistrate of the First Class, Haripad. The first respondent herein, the Assistant Labour Officer, Kayamkulam, filed Annexure-III complaint before the lower court against the petitioner alleging offence under Section 29 of the Kerala Shops & Commercial Establishments Act (hereinafter referred to as 'the Shops Act') with a plea that the petitioner, who is the President of the Kandalloor Farmers Service Co-operative Bank Ltd. No.1410, Kandalloor P.O, (hereinafter referred to as the Bank) is an employer coming under the definition of Section 2(7) of the Shops Act, the Bank is a commercial establishment as defined under Section 2(8) of the Shops Act and that on 22.7.2005 when the first respondent, who is an inspector appointed under Section 25 of the Shops Act, inspected the above establishment, it was found that the petitioner had violated the provisions of the Shops Act and Rules thereunder as he failed to apply for registration under Section 5A of the Shops Act and that though a show cause notice caused on 5.5.2005 was accepted by the pet


























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