M/S SHYMAS AUTO SALES, SRI. T.M. BASHEER, SRI.HASHIM BASHEER vs STATE OF KERALA, ASSISTANT LABOUR OFFICER, ALAPPUZHA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 47391

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
M/S SHYMAS AUTO SALES, SRI. T.M. BASHEER, SRI.HASHIM BASHEER – Appellant
Versus
STATE OF KERALA, ASSISTANT LABOUR OFFICER, ALAPPUZHA – Respondent

Advocates:
For the Appellants/Petitioners: SHRI.C.S.AJITH PRAKASH, SHRI.T.K.DEVARAJAN, SMT.T.N.SREEKALA, SHRI.FRANKLIN ARACKAL, SRI.M.B.SOORI, SRI.BABU M.
For the Respondents: SRI.E.C.BINEESH, SRI.SANAL P.RAJ

Table of Content
1. disputes regarding applicability of minimum wages act. (Para 1 , 2 , 3)
2. arguments presented regarding the status of establishments. (Para 4 , 5)
3. court's ruling on the nature of disputed facts. (Para 6)

ORDER

[Crl.MC Nos.8392/2019, 8413/2019]

The petitioners are the accused in ST Nos. 5121 of 2018 and

5098 of 2018 on the files of the First Class Judicial Magistrate Court – I, Alappuzha (For short, the trial court). Crl.M.C No.8392 of 2019 has been filed to quash all further proceedings in ST No.5121 of 2018 and Crl.M.C No.8413 of 2019 has been filed to quash all further proceedings in ST No.5098 of 2018.

2. The 1^st petitioner is the employer and the 2^nd petitioner is the Manager of M/s. Shymas Auto Sales and M/s. Shymas Honda Service Centre, which is engaged in the business of sales and service of automobiles.

3. The Inspector appointed under Section 19 (1) of the Minimum Wages Act, 1948 inspected the complainant’s establishment and noticed violations under Rules 29(1), 29(5), 21A(1), 21A(2), 29(8) of the Kerala Minimum Wages (Central)

Rules, 1950. Accordingly, the prosecution was initiated.

4. The petitioners preferred these criminal miscellaneous cases to quash th

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