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Showing contexts for: paragon polymer in Mr Vizoo Zachariah vs State Of Karnataka on 23 April, 2024Matching Fragments
1. The petitioners who are accused nos.1 to 3 in C.C.No.9278/2023 pending before the Metropolitan Magistrate, Traffic Court-II, Bengaluru, arising out of PCR No.547/2023 registered for the offence punishable under Section 22(a) of the Minimum Wages Act, 1948, are before this Court in this petition filed Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in the said case.
2. Heard the learned counsel appearing for the parties.
3. Respondent No.2 - Senior Labour Inspector has filed a private complaint before the Trial Court against the petitioners herein alleging that when he had inspected the premises of the Company known as M/s. Paragon Polymer Products Pvt. Ltd., it was found that there was payment of wages book, wage receipts, attendance register, etc., was not maintained. Though the show-cause notice was allegedly issued by the complainant to the accused persons, they had not responded to the same NC: 2024:KHC:16239 nor had they rectified their violations and produced the records. It is under these circumstance, he had filed a private complaint before the Trial Court. The Trial Court after taking cognizance of the offences alleged in the complaint had issued summons to accused nos.1 to 3 and case was registered in C.C.No.9278/2023 against the petitioners for the aforesaid offence. Being aggrieved by the same, the petitioners are before this Court.
Explanation.-For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association of individuals, and
(b) "director" in relation to a firm means a partner in the firm".
7. From a bare reading of the aforesaid provision of the law, it is evident that, if the person committing any offence under the Minimum Wages Act, 1948 is a Company, the persons in- charge of the company as well as the Company shall be deemed to be guilty of the offence and they shall be liable to be proceeded against and punished. The petitioners herein are NC: 2024:KHC:16239 being proceeded in their capacity as Managing Director, Retired Director and Executive of the Company known as M/s. Paragon Polymers Products Pvt. Ltd.. The allegations against them is they are vicarious liable on behalf of the Company. Therefore, in the absence of the Company being made as accused in the complaint, the complaint is not maintainable.