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K. BABU
Thomas John Muthoot – Appellant
Versus
State of Kerala Represented By Public Prosecutor – Respondent
ORDER :
K. Babu, J.
The petitioner, the Managing Director of Muthoot Fincorp Limited seeks to quash all further proceedings in STC.No.157/2021 on the file of the Judicial First Class Magistrate Court-II, Thaliparamba. The petitioner is alleged to have committed offence punishable under Section 22A of the Minimum Wages Act, 1948 r/w Rule 21A(1) of the Kerala Minimum Wages Rules, 1958. The petitioner’s company is a private financial institution as provided in the schedule to the Minimum Wages Act, 1948.
2. The Assistant Labour Officer, Thaliparamba (respondent No.2), the Inspector appointed under the Minimum Wages Act, 1948 (hereinafter referred to as ‘the Act’) inspected the establishment run by the petitioner on 22.9.2020 at 10.30 a.m. and found that five workers were employed there, but the petitioner failed to submit electronically or upload an IT enabled ‘Register of Employment and Wages’ in Form XIV as provided under Rule 21A(1) of the Kerala Minimum Wages Rules (hereinafter referred to as ‘the Rules’). Respondent No.2 filed a complaint under Section 22A of the Act alleging violation of Rule 21A(1) of the Rules against the petitioner. The learned Magistrate took cognizance of the
The court established that for prosecution under the Minimum Wages Act, the establishment must fall within the defined scheduled employments, and the company must be named as an accused.
The Minimum Wages Act's notifications for shops and commercial establishments do not apply to scheduled Co-operative Banks, which are governed by distinct regulations.
The Minimum Wages Act applies to scheduled employment in banks, but notifications for minimum wages applicable to shops do not extend to banks.
The main legal point established in the judgment is that a prosecution under the Maharashtra Shops and Establishments Act, 1948 can only be instituted with previous sanction and there must be a deter....
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
Liability under the Minimum Wages Act is contingent on being in charge of the company, and authorization and sanction are required for filing a complaint.
Specific allegations linking individuals to the company's conduct are crucial for establishing vicarious liability under the Minimum Wages Act.
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