IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 751 of 2024 ==========================================================

RADIANT CASH MANAGEMENT SERVICES LIMITED Versus STATE OF GUJARAT ==========================================================

Appearance:

MR KUNAN B NAIK(3210) for the Applicant(s) No. 1,2 for the Respondent(s) No. 2,3 MR RONAK RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/01/2024

ORAL ORDER

Leave to amend. Necessary amendment to be carried out during the course of the day.

1. Heard learned Senior advocate Mr.Mihir Joshi with learned advocate Mr.Kundan B. Naik with Mr.Utsav Parikh with Ms.Maithili Mehta with Ms.Nivedita Mehta with Isha Mendpara for the petitioners.

2. At the outset, learned Senior Advocate Mr.Joshi for the petitioners does not press the prayer Clause 10(B) and word “jurisdiction” from Clause “10(C)”.

3. By way of the present petition, the petitioner is seeking following reliefs :

“10 D. “YOUR LORDSHIPS may be pleased o issue a writ of Certiorari or writ in the nature of Certiorari or any other appropriate writ order or direction, quashing and setting aside the impugned complaint daed 12.04.2022 (ANNEXURE-A);

E. Pending the hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to stay further proceedings of Criminal Case No.278 of 2022 pending in the Labour Court, Ahmedabad.”

4. It appears that complaint is filed, at the instance of the Government Labour Inspector, Minimum Wages, under the provisions of Minimum Wages Act, 1948 (hereinafter referred to as the ‘Act’) being Criminal Case No.278 of 2022 for the various breaches under the Minimum Wages Act, 1948.

5. Learned Senior Counsel has mainly contended that one Labour OfÏcer has visited for inspection on 25.01.2022 and issued inspection report, while issuing the report not pointing out 4 lapses and for that, show cause notice came to be issued and further in compliance of the said show cause notice on 5^th April, 2022, the authorize OfÏcer of petitioner - Company came to be appeared and produced all materials and complied with the defects or queries pointed out by the Labour OfÏcer. Notice was given only for the three acts, no notice was issued and no opportunity of hearing had been given qua lapses under the Minimum Wages Act and straightway complaint being lodged. Even though, complaint is filed without giving an opportunity of hearing and without considering the defence as complaint is bad in law. Hence, the issue deserves consideration.

6. Issue Notice, returnable on 29.02.2024. Learned APP waives service of notice on behalf of respondent-State.

7. Meanwhile, there shall be ad-interim relief in terms of para

10(E) till the next date of hearing.

Direct service is permitted.

(HASMUKH D. SUTHAR,J)

KUMAR ALOK