SHACHINDRA KUMAR, FACTORY MANAGER, M/S HINDUSTHAN UNILEVER LTD.,MANGALORE Vs. STATE OF KARNATAKA DEPARTMENT OF LABOUR

JUDGEMENT

(1.) In this petition filed under Section 482 of Cr.P.C., the petitioners have sought for quashing the prosecution launched against them in C.C.No.1675/2012 on the file of JMFC., Mangalore for the offence under Section 11 of the Payment of Bonus Act which is punishable under Section 28 of the said Act.

(2.) The briefs facts leading to the presentation of this petition are:

(3.) The contention urged in this petition is that the learned Magistrate without applying his judious mind even to the averments made in the complaint wherein the definition of an employee as defined in Payment of Bonus Act is extracted which clearly indicates that it does not include the contract labourers, has taken cognizance of the offence alleged, therefore, the cognizance taken for violation of Section 11 punishable under Section 28 of the said Act is bad in law and without jurisdiction.