PRESTIGE EDUCATION TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) These Criminal Miscellaneous Cases are filed to quash S.T. Nos.313/2017, 316/2017, 318/2017, 314/2017, 315/2017 & 301/2017, pending before the Chief Judicial Magistrate Court, Thalasserry against the respective Petitioners. It is the prosecution initiated against the Petitioners alleging offences punishable under Sec. 22-A of the Minimum Wages Act.

(2.) It is the case of the prosecution that the 2nd Respondent inspected Kannur Dental College, Anjarakkandy, Kannur Medical College, Anjarakkandy, Malabar Institute of Technology, Kannur, College of Nursing, Kannur, Ladies Hostel of Kannur Medical College, Anjarakkandy and Men's Hostel of Kannur Medical College, Anjarakkandy and allegedly found out certain violations and directed to produce the records on or before 29/3/2017. The notice served on 1st accused and as against the other accused was returned and was later served by affixing on the wall of the institution. The accused did not comply with the directions and thereby the accused have contravened the provisions of the rule and thereby the accused have committed the offence under Sec. 22-A of the Minimum Wages Act, is the grievance.

(3.) The 1st Petitioner is a Trust represented by its Chairman. The Petitioner No.2 is the Chairman and the 3rd Petitioner is the Managing Trustee. Petitioners Nos.4 to 6 are the trustees, who have no control over the day-to-day affairs of the Trust, is the submission. It is also submitted that the Petitioner No.4 resigned from the Trust on 29/12/2014 as evident from Annexure-II and he is no way connected with the Trust. It is submitted that the Petitioners Nos.5 & 6 are ladies and they are not responsible to the Company for the conduct of the business. It is also the definite case of the Petitioners that there is no specific allegation levelled against the accused so as to attract the offence alleged.