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K. HARIPAL
Sarovar Hotels Private Limited – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. These are Criminal Miscellaneous Cases filed under Section 482 of the Code of Criminal Procedure, seeking to quash S.T. Nos. 20 of 2019 and 14 of 2019 respectively, pending before the Judicial First Class Magistrate’s Court, Kunnamangalam. Since parties are same and contentions are common, both these matters were heard together and are disposed of by this common order.
2. In S.T. No. 20 of 2019 subject matter is a complaint preferred by the 2nd respondent alleging offence under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970, hereinafter referred to as the Act, where the following allegations are raised against the petitioners who are the Director and the General Manager respectively of Sarovar Hotel Pvt. Ltd. which is employed in hospitality industry:
(ii) Muster Roll in Form-XVI, Register of Wages in Form-XVII, Register of deduction for damage and loss in Form-XX, Register of fine in Form-XXI, Register of Advance in Form-XXII, Register of Overtime in Form-
The central legal point established in the judgment is the determination of the applicability of the Contract Labour (Regulation and Abolition) Act, 1970 to the petitioners' business operations, and ....
The liability of officers of a company under the Contract Labour (Regulation and Abolition) Act, 1970 is contingent upon their involvement in the day-to-day affairs of the company, and the prosecutio....
The main legal point established is that under the Contract Labour (Regulation and Abolition) Act, 1970, officers of a company can only be prosecuted if the company is made accused, and specific alle....
The main legal point established is that the time limit prescribed under section 27 of the Contract Labour Act for filing complaints related to offences under the Act must be adhered to, and the magi....
The court quashed criminal proceedings due to improper cognizance and clarified limitation interpretation under the Contract Labour Act, emphasizing judicial scrutiny.
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