STATE OF GUJARAT Vs. CHHOTABHAI KEVALBHAI PATEL NOBAR

JUDGEMENT

(1.) Heard learned Additional Public Prosecutor for the appellant. Though served, none has remained present for the respondent.

(2.) The appellant has preferred this appeal under Section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 14th May,1990 passed by the Learned JMFC,Jambusar in Criminal Case No.1367 of 1986 acquitting the accused respondent hereinabove of the charge of committing offence punishable under Section 22(A) of the Minimum Wages Act,1948 (hereinafter referred to as the "Minimum Wages Act").

(3.) The original complainant, Labour Officer visited the farm of the accused at Nobar on 5th July,1986. At that time, the farm Labour Gordhanbhai Kalabhai Vaghri was present. The accused did not have wage register, wage slip etc.. After intimating the accused in respect of breach of Rule 22 (6)(A)(1) and 22 (6)(A)(2), the complaint was filed under Section 22(A) of the Payment of Wages Act, which came to be numbered as Criminal Case No.1367 of 1986. It so happened that before lodging the complaint, the Labour Officer, who was responsible for visiting the premises of the accused has been transferred as it has reflected from the judgment impugned. The complaint was lodged by his successor in office. The Court after appreciating the evidence on record, came to the conclusion that the complaint had not been filed bonafide and after deprecating the conduct of the concerned Labour Officer, acquitted the accused of the charge of committing offence punishable under Section 22(A) of the Payment of Wages Act.