HAYAGREEVAN POTTI Vs. LABOUR OFFICER TRIVANDRUM

JUDGEMENT

(1.) The revision petitioner was convicted by the Industrial Tribunal and Special First Class Magistrate, Alleppey, under S.22A of the Minimum Wages Act of 1948, hereinafter referred to as the Act, for not maintaining as provided by the Rules framed under the Act certain registers in respect of one Sreevas Tourist Home he is conducting at Trivandrum and sentenced to pay a fine of Rs. 25/-. For conviction under S.22A, which reads as follows:-

(2.) The evidence in the case only shows that for some of the lodgers at their request the attenders in Sreeves Tourist Home bring food there after purchasing the same from outside. Food is not prepared there The evidence is insufficient to show that Sreevas Tourist Home is anything other than a lodging house. It is not a hotel or restaurant.

(3.) The revision petitioner cannot be considered as an employer as contemplated by S.2(e) of the Act. Consequently the conviction and sentence against him are set aside and this revision petition is allowed. Fine, if paid, shall be refunded to him.