LORD KRISHNA BANK LTD Vs. LABOUR ENFORCEMENT OFFICER

JUDGEMENT

(1.) The first petitioner, Lord Krishna Bank Ltd., is a Banking Company governed by the Banking Regulation Act. Its administrative office and registered office is situated at Kochi. Lord Krishna Bank has 73 branches in different States in India. The second petitioner is the Manager of the Palakkad branch of the bank. Both the petitioners are being prosecuted as per S.T. No. 290 of 1997 on the file of the Chief Judicial Magistrate's Court, Palakkad on the basis of a complaint filed under S.10(1) of the Equal Remuneration Act, 1976 (hereinafter referred to as "the Act"). Prosecution was launhed by the first respondent, Labour Enforcement Officer (Central). The allegation against the petitioner is that they being employers within the meaning of S.2(c) of the Act failed to maintain register in Form 'D' R.6 of the Equal Remuneration Rules, 1976 (hereinafter referred to as "the Rules"),

(2.) The Act was enacted by the Parliament to provide for payment of equal remuneration to men and women workers without discrimination on the ground of sex in the matter of employment. By S.1(3) of the Act, the Act is to be brought into force oh different dates as the Central Government by notification appoint. By notification No. SO / 175 (E) dated 6.3.1976, the Act had been made applicable to all banks, Insurance Companies and Financial Institutions with effect from 8.3.1996.

(3.) It is the case of the first petitioner Bank that it has complied with all the provisions of the said Act and the Rules framed thereunder. In accordance with S.8 of the Act, the first petitioner has been maintaining the necessary register in Form 'D' at its administrative office at Kochi furnishing all the required particulars.