BHAVESH ANIL KUMAR Vs. ASSISTANT LABOUR OFFICER

JUDGEMENT

(1.) The petitioner, former Managing Director of a private limited company by name 'Southwest Motorcorp India Pvt. Ltd.', challenges the order dtd. 31/3/2023 passed by the Deputy Labour Commissioner, Kannur in M.C.P.No.77/2018 under Sec. 20(3) of the Minimum Wages Act, 1948.

(2.) The petitioner along with the other Directors of the Company, entered into an agreement with Sri.Aboosaheer Abdul Samad and another, to sell the entire equity shares of the company. The agreement was materialised on 31/1/2022. According to the petitioner, he resigned from the post of Managing Director, in view of the agreement dtd. 20/1/2022.

(3.) The Assistant Labour Officer, Hosdurg, (respondent No.1) conducted an inspection in the company in 2018 and found that 19 employees were paid less than the minimum wages. Respondent No.1 filed a claim petition against the petitioner under Sec. 20(2) of the Minimum Wages Act (Ext.P2) before respondent No.2 seeking a direction to the petitioner to pay the deficit wages to the 19 employees. Respondent No.2 allowed the petition directing the petitioner to pay the deficit wages, as per order dtd. 31/3/2023 (Ext.P4). The challenge of the petitioner is that the proceedings should have been initiated against the company itself, and therefore, the impugned order is vitiated due to the following reasons: