LAWS(KAR)-1964-7-15

STATE OF MYSORE Vs. MENSINAKAL S P

Decided On July 30, 1964
STATE OF MYSORE Appellant
V/S
MENSINAKAL (S.P.) Respondents

JUDGEMENT

(1.) In this appeal preferred by the State Government, the challenge is to an order of acquittal made by a Magistrate of Haveri in a prosecution commenced under S. 22A of the Minimum Wages Act (Central Act 11 of 1948).

(2.) The accused was the secretary of the Haveri Municipality, Haveri, constituted under the Bombay District Municipalities Act. The accusation was threefold. The first was that the naka clerks in the employment of the municipality were not allowed the weekly day of rest enjoined by rule 24 of the Mysore Minimum Wages Rules, 1958. The second was that there was a failure to maintain an overtime register showing payments of overtime wages in disobedience to rule 28(2). The third was that the wage slips in form VI were not issued to those clerks as required by rule 29(2).

(3.) The finding of the Magistrate was that there was no obedience to the relevant provisions of these three rules, and it was also admitted by the accused in his statement under S. 342, Criminal Procedure Code, that no weekly day of rest was allowed, that no register under the 28(2) was maintained and that no wage slips were issued under rule 29(2).