IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE24H DAY OF JANUARY20144TH MAGHA, 1935 Crl.MC.No. 1331 of 2012 ---------------------------------- [S.T.NO.6142/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR] ........... PETITIONERS/ACCUSED1AND2 ------------------------------------------------ 1. E.RANJITH KURUVILLA, ANAMALLAIS RUBBER ESTATE, KANNAMBRA.P.O, PALAKKAD DISTRICT.
2. BINU JOSEPH, MANAGER, ANAMALLAIS RUBBER ESTATE, KANNAMBRA.P.O, PALAKKAD DISTRICT. BY SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE, ADVS.SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). COMPLAINANTS/RESPONDENTS: ------------------------------------------------ 1. INSPECTOR OF PLANTATIONS, NEMMARA, PALAKKAD DISTRICT.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDINGS, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON2401-2014, ALONG WITH CRL.M.C. NO. 1332/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.1331/2012: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE-A: CERTIFIED COPY OF THE COMPLAINT DTD. 10/11/2011 FILED BY THE R.1. IN S.T. 6142/2012. ANNEXURE-B: TRUE COPY OF THE INSPECTION ORDER
NO.365/2011 DTD. 17/08/2011 ISSUED BY R.1. ANNEXURE-C: TRUE COPY OF THE REPLY FILED BY THE PETITIONER. ANNEXURE-D: TRUE COPY OF THE SHOW CAUSE NOTICE DTD. 07/09/2011 ISSUED BY R.1. ANNEXURE-E: TRUE COPY OF THE REPLY DTD. 22/09/2011 ISSUED BY PETITIONER. ANNEXURE-F(A): TRUE COPY OF THE CLAIM PETITION DTD. 22/07/2011 FILED BY MADHAVI BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE-F(B): TRUE COPY OF THE CLAIM PETITION DTD. 22/07/2011 FILED BY NARAYANAN BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE-F(C): TRUE COPY OF THE CLAIM PETITION DTD. 22/07/2011 FILED BY RUGMINI BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE-F(D): TRUE COPY OF THE CLAIM PETITION DTD. 22/07/2011 FILED BY ALEXANDER BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE-F(E): TRUE COPY OF THE CLAIM PETITION DTD2207/2011 FILED BY DAVID BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE-F(F): TRUE COPY OF THE CLAIM PETITION DTD. 22/07/2011 FILED BY GOPALAN BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE-F(G): TRUE COPY OF THE CLAIM PETITION DTD2207/2011 FILED BY BHAVANI BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE-F(H): TRUE COPY OF THE CLAIM PETITION DTD. 22/07/2011 FILED BY MADHAVI BEFORE THE LABOUR COURT, KOZHIKODE. ANNEXURE -G: TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN C.P. 11/2011 BEFORE THE LABOUR COURT , FILED ON0302/2012. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. A.HARIPRASAD, J.
-------------------------------------- Crl.M.C. Nos.1331, 1332, 1338 & 1339 of 2012 -------------------------------------- Dated this the 24th day of January, 2014. ORDER
Petitions filed under Section 482 of the Code of Criminal Procedure (for short,"Cr.P.C.").
2. In all these cases, petitioners are the same. They are prosecuted under various labour enactments. Crl.M.C.No.1331 of 2012 is to quash S.T.No.6142 of 2011 before the Judicial First Class Magistrate Court, Alathur and the petitioners are prosecuted herein for alleged offences under Rule 11 of the Rules framed under Kerala Industrial Establishment (National and Festival) Holidays Act, 1958. Crl.M.C.No.1332 of 2012 is to quash S.T.No.6141 of 2011 before the above said court and the petitioners are prosecuted herein for alleged offences under Rules 70(1) and 70(1)(a) of the Rules framed under the Plantation Labour Act, 1951. Petitioners challenge their arraignment in S.T.No.6140 of 2011 in Crl.M.C.No.1338 of 2012, wherein they are prosecuted under Rules 76(1)(b) and 76(2)(a) of the Rules framed under the Plantation Labour Act, 1951. In Crl.M.C.No.1339 of 2012, petitioners challenge the Crl.MC No.1331,1332, 1338 & 1339/2012 2 complaint in S.T.No.6143 of 2011 before the learned Judicial First Class Magistrate, Alathur prosecuting of them under Rules 29(1), 29(2), 29(5) and 30 of the Rules framed under the Minimum Wages Act, 1948.
3. Heard the learned Senior Counsel for the petitioners.
4. It is the submission made on behalf of the petitioners that all these offences are technical offences coming under various labour enactments. The alleged offence in all of them relate to the non- maintenance of certain registers. Petitioners have raised a contention before the concerned Labour Court that the defacto complainants are not labourers at all. Learned Senior Counsel for the petitioners submitted that the dispute pending before the Labour Court has been settled amicably and it is agreed that all the cases will be withdrawn from the Court. Therefore, it is submitted that the matter can be disposed by the trial court itself on production of the orders from the Labour Court. Considering this submission, following directions are issued: Learned Judicial First Class Magistrate, Alathur shall consider the orders passed by the concerned Labour Court in these matters and take a decision in accordance with law. It is also made clear that the learned Magistrate shall not insist for the personal appearance of the petitioners for deciding the issue. Crl.MC No.1331,1332, 1338 & 1339/2012 3 With the above directions, these petitions are disposed of. All pending interlocutory applications will stand dismissed. A. HARIPRASAD, JUDGE. cks