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2025 Supreme(Online)(KER) 8735

HIGH COURT OF KERALA
Dr, Kauser Edappagath, J
VODAFONE MOBILE SERVICES LIMITED – Appellant
Versus
ASST. LABOUR OFFICER, GRADE II, KANNUR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.SATHISAN
For the Respondents: SRI. M. P. PRASANTH, ABHIRAM SUNISH, BIJU P.PAUL

JUDGMENT

This Original Petition has been filed challenging Ext.P4 complaint filed by the 1st respondent against the 3rd respondent before the Judicial First Class Magistrate Court-I, Kannur and Ext.P7 summons issued by the learned Magistrate.

2. The petitioner is a telecommunication service provider. It is alleged in the Original Petition that the 3rd respondent is an executive of the petitioner company. The petitioner is aggrieved by the prosecution initiated by the 1st respondent against the 3rd respondent under the Kerala Shops and Commercial Establishments Act, 1960 (for short ‘the Act’). The 1st respondent inspected M/s. Vodafone Cellular Limited, Building No.159/ABC, Caltex Tower, Opposite Civil Station, Kannur 2 at 1.30 pm on 02.03.2015. During the inspection, it is noticed that 5 persons were employed therein as workman. It was found that the employer failed to exhibit Registration Certificate in the establishment and failed to maintain Service Record and Register of Complaint and thus contravened Sections 5C and 30 of the Act read with Rules 10(1) and 10(1A) of the Kerala Shops and Commercial Establishments Rules which are punishable under Sections 29(1)(a), 29(1)(b) and 2

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