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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.NIRMAL KUMAR, J
Baselios Mar Cleemis Catholica Bava (65/2024) – Appellant
Versus
State of Tamil Nadu – Respondent
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
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.
Prosecution under the Plantations Labour Act requires proper arraignment of the company and adherence to procedural timelines; failure results in discharge of individual employers.
The complaints were an abuse of process of court, as there was no violation of law and rules and regulations, and the complaints were filed belatedly. The non-mention of the show cause notice and its....
The importance of timely and reasoned responses to show cause notices and the implications of delayed replies in criminal prosecutions under the Factories Act.
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