STATE OF KARNATAKA Vs. R NANDA GOPAL

JUDGEMENT

(1.) The respondent was the accused in C.C.No. 14251/80 on the file of the Metropolitan Magistrate, Traffic Court I, Bangalore. He was the Manager of Headquarters, Karnataka Sub-Area Canteen, Cubbon Road, Bangalore. On 26-10-79 at 12 noon Shanmugam (P.W. 1) who was the Labour Inspector, Vth Circle, Bangalore, then, visited the said establishment. The accused was the manager of the canteen. He had not displayed the registration certificate as required under S.4(2) of the Karnataka Shops and Commercial Establishments Act, 1961 (for short the 'Act'). The accused also failed to produce the registers and records for inspection and thereby contravened S.29 of the, Act. After obtaining the sanction from the Assistant Labour Commissioner, Bangalore, as per Ex. P. 9, P. W. 1 filed a complaint in the Court below against the accused for the said offences.

(2.) As the accused denied the commission of the offences, P. W. 1 was examined and Exs. P. 1 to P. 10 were produced on behalf of the complainant. Sri B. Krishna Murthy was examined as D. W. 1 and Exs. D. 1 to D. 3 were produced on behalf of the accused.

(3.) The defence of the accused was that the Act is not applicable to the establishment in question.