GEORGE Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the accused Nos. 1 and 2 in S.T.No.6631 of 2009 on the file of the Judicial Magistrate of the 1st Class, Irinjalakuda. The said case has originated on a complaint filed by the Assistant Labour Officer, Chalakkudy alleging offences punishable under Sections 5 (A)(1), 5(A)(6), 5(C)(1) of the Kerala Shops and Commercial Establishments Act, 1960 ('the Act' for short).

(2.) The allegation in Annexure-1 complaint is that the 1st petitioner conducted a jewellery shop by name M/s. Grace Jewellery without obtaining a registration under the Kerala Shops and Commercial Establishments Act, 1960. It is further alleged that the petitioners had violated the various other provisions under the Act. In the course of proceedings, the wife of the 1st petitioner was impleaded as 2nd accused.

(3.) The learned counsel referring to Annexure-1 complaint points out that the offence had come to the knowledge of the Assistant Labour Officer on 20.1.2009, the date on which the inspection was conducted. However, the complaint is dated 20.7.2009. It is further submitted that the complaint was taken cognizance of 22.12.2009 much after the period of limitation prescribed under Section 29 (3) of the Act. The learned counsel would rely on the decision of this Court in Joseph P.P. v. Assistant Labour Officer [2009 (2) KHC 832] to contend that the cognizance taken by the court below beyond the period of limitation cannot be sustained.