RAJESH SUKUMARAN NAIR Vs. ASSISTANT DIRECTOR OF FACTORIES

JUDGEMENT

(1.) The petitioners have challenged the prosecution launched against them by the respondent No.1 in C.C.No.193/2021 on the file of the II Additional Civil Judge and JMFC, II Court at Hassan, for the offences punishable under Ss. 51 and 54, which are punishable under Sec. 92 of the Factories Act, 1948 (henceforth referred to as 'the Act, 1948').

(2.) The petitioners contend that M/s.Ultra Laboratories Private Limited is a multinational pharmaceutical company manufacturing generic drugs and has its registered office at Bangalore and its manufacturing unit at Hassan. The respondent No.1 launched prosecution against the petitioners in C.C.No.193/2021 on the allegation that when he visited the factory on 20/10/2020, he noticed that the company was allowing the workers to do overtime every month and paying twice the wages only on the basic wages and DA wages during the years 2017, 2018 and October 2019, instead of paying twice their gross wages and thereby contravened Ss. 59(1) and 59(2) of the Act, 1948. He also alleged that by engaging the workers in a factory for more than 48 hours in a week, the occupier and manager had contravened Sec. 51 of the Act, 1948 and by engaging workers on overtime for more than 9 hours in a day, they had contravened Sec. 54 of the Act, 1948, which were all punishable under Sec. 92 of the Factories Act, 1948.

(3.) The trial Court, after perusing the material placed along with the criminal case, took cognizance and issued process to the petitioners. The petitioners being aggrieved by the same, are before this Court.