RAJENDRA GOPALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India read with section 482 Cr.P.C. is filed to quash the order dated 2.8.2014 in C.C. No. 1659/2014 on the file of Metropolitan Magistrate Traffic Court-I, Mayo Hall, Bangalore produced at Annexure-A. The respondent-Senior Labour Inspector filed a private complaint against the petitioner in C.C. No. 1659/2014 for the offence punishable under section 22A of the Minimum Wages Act, 1948.

(2.) The submission of the learned Senior Counsel for the petitioner is that the petitioner was an employee of the company as required under section 2(f) of Payment of Gratuity Act, 1972. Further, there is no averment in the complaint to show that the petitioner was incharge of and was responsible for the day-to-day conduct of the business of the company and in the absence of the aforesaid averments to that effect in the complaint, the complaint filed against the petitioner is liable to be quashed. It is also submitted that the complaint filed on 2.8.2014 is barred by limitation.

(3.) As rightly submitted by learned Senior Counsel, there is no averment in the complaint to the effect that the petitioner was incharge of and was responsible for the conduct of the day-in-day business of the company. He was not the Director of C.A. Technologies nor he held that position at any time. His designation was 'Distinguished Engineer'. Further, he resigned from C.A. Technologies on 21.8.2015. In that case, the petitioner cannot be held responsible and answerable to the charges levelled against him, he being an employee. The complainant if at all can proceed against the person, who was incharge of and was responsible for the day-to-day conduct of business of the company. Further the inspection was made on 20.2.2014, the show-cause notice was issued on 7.4.2014 and complaint is filed on 2.8.2014 which is barred by limitation. Hence, the petition is allowed. The impugned order passed by the learned Magistrate taking cognizance of the offences against the petitioner in C.C. No. 1659/2014 on the file of Metropolitan Magistrate Traffic Court-I, Mayo Hall, Bangalore is hereby quashed.