RACHANA GOPINATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have assailed the criminal complaint dated 21 07.2012 filed by the respondent before the MMTC-3, Bangalore, [ 'Magistrate ', for short] in CC No. 1961/2012 vide Annexure-F to the writ petition and the consequential criminal proceedings initiated by the Magistrate.

(2.) The first petitioner was the Ex-Secretary of The Embassy Apartment Owners ' Association, [ 'Association ', for short], whereas the second petitioner is the Accounts Consultant of the Association. The Association has been entrusted with management and maintenance of common areas and facilities at the Embassy through the Core Committee elected every year amongst its members. The Association has framed Memorandum of Association and Rules and Regulations. The aims and objectives of the Association are as hereunder:

(3.) The Association has employed five members to carry out its activities. It is alleged by the petitioners that the respondent has visited the petitioners ' Association on 22.03.2012 and inspected the records and made notes of inspection alleging certain violations under the Labour enactments and had suggested certain compliances with the direction to submit compliance report. The petitioners clarified that the Association is not engaged in any commercial activities. The main object of the Association is the maintenance of common areas and facilities. The Association is being managed by the Committee Members, elected every year amongst the members, accordingly requested the respondent to drop further proceedings as bereft of the respondent 's jurisdiction. It transpires that the respondent had filed criminal complaint before the Magistrate in CC No.1961/2012 alleging the violation of section 7, Rule 17(1) read with Sec. 29, Rule 4 of the Contract Labour [Regulation and Abolition] Act, 1970, [the 'Act ', for short]. The complaint filed by the respondent was registered and summons were ordered. This criminal complaint lodged by the respondent before the Magistrate in CC No. 1961/2012 is challenged by the petitioners besides the proceedings initiated by the magistrate.