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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
T.M BASHEER – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused faced prosecution under the kerala shops and commercial establishments act. (Para 1 , 2) |
| 2. petitioners claimed their establishment is a factory, seeking to quash the prosecution. (Para 3 , 4) |
| 3. disputed facts require resolution in trial court. (Para 5) |
O R D E R
The petitioners are the accused in S.T.No.5118 of 2018 on the files of the Judicial First Class Magistrate Court, Alappuzha (for short, 'the trial court'). The offences alleged against them are under Section 29A of the Kerala Shops and Commercial Establishments Act, 1960 (for short, 'the Act') and the Kerala Shops and Commercial Establishments Rules, 1961 (for short, 'the Rules').
2. The petitioner No.1 is the employer and the petitioner No.2 is the Manager of M/s.Shymas Auto Sales, Sanathanapuram. The Assistant Labour Officer, Gr. II, 2nd Circle, Alappuzha inspected the petitioners' establishment on 17.05.2018 at 12.20 p.m., and it was noticed that the petitioners had contravened Section 13(1) of the Act and Rules 2J(1), 2J(2), 10(1)A, 10(9), 12A and 6B of the Rules. Accordingly, prosecution was launched after issuance of statutory notice.
3. The petitioners have now approached this Court to quash
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