Prosecution under the Plantations Labour Act is barred by limitation if filed beyond three months from the date of knowledge of the alleged offence, and lack of workers negates liability.

ORDER :

M.NIRMAL KUMAR, J.

The petitioner, who is facing trial in S.T.C.No.758 of 2023 for offence under Section 36 of The Plantations Labour Act, 1951 before the learned Judicial Magistrate No.II, Padmanabhapuram for violation of Rule 47 of Tamil Nadu Plantations Labour Rules, 1955 , has filed this Criminal Original Petition.

2.The learned Senior Counsel appearing for the petitioner submitted that the respondent, Assistant Commissioner of Labour (Plantations) filed a private complaint under Section 36 of The Plantations Labour Act, 1951 for the breaches said to have committed under Rule 47 of Tamil Nadu Plantations Labour Rules, 1955. The petitioner is a Major Arch Bishop of Siro Malankara Catholic Churches having office at Kerala. Bethony estate is one of the properties of Siro Malankara Saba. Now the Diocese of Thiruvananthapuram divided into five diocese as Marthandam, Pathanamthitta, Mavelikara, Parasala and Thiruvananthapuram. The property of Bethany Estate divided into five and devolved upon concerned bishops. The Bethany Estate at Mukkampala in Manalikarai of Kanyakumari District in Tamil Nadu was handed over to bishop of Marthandam and it is managed by a Manager Father Daniel who was appointed on 11.06.2020 who shall manage the estate in consultation with the petitioner and in collaboration of the Finance Officer of Major Archieparchy and to present periodical report about the finance management of the Estate. Except for the finance, all other activities to be carried out by the Reverend Father Daniel. Since there was no tappers for the rubber collection, it was decided to let the plantation idle. Hence, all workers retrenched by a settlement between the management and workers union and the terminal benefits settled to the workers. After division of diocese into five, each bishop leased out the plantations to separate individuals by lease. As far as the Bethany Estate at Mukampala Post at Manalikarai in Kanyakumari District is concerned, it is in the stage of replanting. In such circumstances, on 18.04.2023, the respondent caused a show cause notice to the petitioner seeking information about the management and lease details along with a lease agreement. On 05.09.2023, another show cause notice issued. Since the petitioner is no way connected with the affairs of Bethony Estate in Tamil Nadu, a reply was given by the Manager of the respective division of Bethany Estate on 03.10.2023 along with Form-4. Not satisfied with the reply, the respondent sent another letter on 25.10.2023 stating that the petitioner submitted Form-4 belatedly and hence, the reply not acceptable and filed the present private complaint against the petitioner before the Trial Court.

3.The learned Senior Counsel further submitted that the Bethony Estate in Kanyakumari District is leased out to one Mr.V.Sathishkumar, son of K.V.Thampi who is taking care of the plantation by virtue of the lease agreement executed between the Owner and the Contractor. The copy of the lease agreement was served to the respondent. Some contingent tapping is being carried through the sub-contractors from Kerala in piece rate mode and there is no workers in the plantation for more than six months, hence question of housing envisaged by Section 15 of The Plantations Labour Act, 1951 would not arise. He further submitted that non-acceptance of Form-4 is not supported by any legal reason and Form-4 clearly stated that no worker has been put in service continuously for six months in the plantation and no one expressed desire to reside in the plantation though there was quarters. There is no wilful default or omission on the part of the petitioner.

4.He further submitted that the original show cause notice caused to the petitioner on 18.04.2023 which is the date of knowledge to the respondent. On the contrary, the second show cause notice states the date of knowledge as 31.07.2023 and a complaint has been filed on 27.11.2023 to bring the complaint within the period of three months o