Specific allegations linking individuals to the company's conduct are crucial for establishing vicarious liability under the Minimum Wages Act.

O R D E R

These Criminal Miscellaneous Cases are filed to quash S.T. Nos.

313/2017, 316/2017, 318/2017, 314/2017, 315/2017, and 301/2017, pending before the Chief Judicial Magistrate Court, Thalasserry against the respective petitioners. It is the prosecution initiated against the petitioners alleging offences punishable under Section 22A of the Minimum Wages Act .

2. It is the case of the prosecution that the 2nd respondent inspected Kannur Dental College, Anjarakkandy, Kannur Medical College, Anjarakkandy, Malabar Institute of Technology, Kannur, College of Nursing, Kannur, Ladies Hostel of Kannur Medical College, Anjarakkandy and Men’s Hostel of Kannur Medical College, Anjarakkandy and allegedly found out certain violations and directed to produce the records on or before 29.03.2017. The notice served on 1st accused and as against the other accused was returned and was later served by affixing on the wall of the institution. The accused did not comply with the directions and thereby the accused have contravened the provisions of the rule and thereby the accused have committed the offence under Section 22A of the Minimum Wages Act , is the grievance.

3. The 1st petitioner is a Trust represented by its Chairman. The petitioner No.2 is the Chairman and the 3rd Petitioner is the Managing Trustee. Petitioners No.4 to 6 are the trustees who have no control over the day-to-day affairs of the Trust, is the submission. It is also submitted that the Petitioner No. 4 resigned from the Trust on 29.12.2014 as evident from Annexure-II and he is no way connected with the Trust. It is submitted that the petitioners No.5 and 6 are ladies and they are not responsible to the company for the conduct of the business. It is also the definite case of the petitioners that there is no specific allegation levelled against the accused so as to attract the offence alleged.

4. It is submitted that as per Section 22C of the Minimum Wages Act , there should be specific allegation that the accused should be in charge, responsible to the company for the conduct of the business of the company. These allegations are absent in Annexure-I complaint, is the submission. The notice as allegedly issued in the address of the Trust was not served on accused No.2 to 6 and hence the offence alleged is not attracted against the petitioners is the further submission. It is also the case of the petitioner that the alleged violation of the provisions of Kerala Minimum Wages Rules are not attracted as the petitioners have not been served with the notice and the petitioners are having all the registers and such allegations are raised only with an intention to harass the petitioners. Hence, these Criminal Miscellaneous Cases are filed to quash the proceedings.

5. Section 22C of the Minimum Wages Act reads like this:

“Section 22C: Offences by companies.

(1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any, director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordi