M JAGANNATHAN Vs. LABOUR OFFICER DIVISION BANGALORE

JUDGEMENT

(1.) A complaint was filed by the respondent against the petitioners herein for offences under Karnataka industrial establishments (national and festival holidays) Act, 1963 (hereinafter called the 'act'), alleging that when the respondent visited the establishment of the petitioners on 16-7-1996 at about 1. 00 p. m. , the list of holidays declared under Section 3 of the act for the year 1996 had not been displayed; that muster roll in form No. 6 had not been produced for inspection. The petitioners were thus guilty of offences under Section 9 of the act and Rule 13 of the rules.

(2.) THE petitioners have challenged the issuance of summons on the ground that the petitioners did not come within the definition of employer under Section 2 (3) of the Act, that the order dated 2-12-1996 is without jurisdiction for non-application of mind so far as it related to a mandatory provision under Section 206 of the Code of Criminal Procedure, 1973 (hereinafter called the 'code' for short) and that the entire proceedings be quashed.

(3.) IT is unnecessary to examine as to whether the petitioners came within the definition of an employer under Section 2 (3) of the act and no finding is therefore recorded on this plea.