METRO CASH & CARRY INDIA PRIVATE LIMITED REPRESENTED BY ITS AUTHORISED SIGNATORY VIJAY GOWDA Vs. STATE OF KARNATAKA THROUGH SENIOR LABOUR INSPECTOR

JUDGEMENT

(1.) Petitioners have sought to quash the non-bailable warrant dated 30.11.2013 issued against them in C.C.No.48/2012; to quash the order dated 30.1.2012 taking cognizance in C.C.No.48/2012 and to quash the criminal complaint No.48/2012 pending on the file of the V Metropolitan Magistrate Traffic Court, Bengaluru.

(2.) Petitioner No.1 - M/s. Metro Cash and Carry India Pvt. Ltd., established a private market yard at its distribution centre at Kanakapura Road Unit and obtained a licence to operate private market yard under the provisions of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 for vending fruits, vegetables and flowers.

(3.) On 11.7.2011 around 9.00 p.m. the Senior Labour Inspector visited the unit of the petitioners at Kanakapura Road and carried out inspection in the presence of the Senior Floor Manager. It is alleged that the petitioners failed to furnish the details of the employees/workers of the company. A "tipany" was prepared at the spot and served on the Senior Floor Manager. Petitioner No.1 submitted compliance report on 19.7.2011. The respondents having not been satisfied with the compliance report, issued a show cause notice to the petitioners as to why prosecution should not be initiated against them. In response to the show cause notice, petitioner No.1 submitted a reply and sought exemption under Sections 11 and 12 of the Karnataka Shops and Commercial Establishments Act, 1961 (for short 'Act'). However, the respondent lodged a complaint against the petitioners under Section 200 Cr.P.C. r/w Section 31 of the Act seeking prosecution of the petitioners for violation of Section 11 of the Act.