STATE OF GUJARAT Vs. ROYAL TAILOR

JUDGEMENT

(1.) The State of Gujarat has filed the present petition under Art. 227 challenging the order passed by the learned Sessions Judge Valsad at Navsari dated 6/10/1986 in Revision Application Nos. 62 63 and 64 of 1986. By the said order in the aforesaid revision applications the order passed by the learned Chief Judicial Magistrate dated 27/05/1986 of convicting the accused for the alleged breach of the various Rules under the Minimum Wages Rules and sentencing him to pay the fine as mentioned therein was set aside.

(2.) It is the case of the State Government that the present respondents who were the accused had committed breach of Rules 26 27 and 26A of the Minimum Wages Rules and therefore these three criminal cases were filed against them being Criminal Case Nos. 5005 of 1985 5006 of 1985 and 5007 of 1986. In all the three cases the learned Magistrate convicted the said opponents and imposed a fine of Rs. 150.00 on each of the accused by the order dated 27/05/1986 But the said order has been set aside in revision by the learned Sessions Judge.

(3.) The point that has been raised is that the provisions of the Minimum Wages Act do not apply to the present opponents inasmuch as the Opponent No. 1 is a Tailoring Establishment employed only 3 employees and opponent No. 2 is the owner/proprietor of the opponent No. 1. The Minimum Wages Inspector visited the opponent Establishment on 10/05/1985 and he found that they had not kept the necessary records under the Minimum Wages Rules of 1961. Even in the statement under sec. 313 of the Criminal Procedure Code the accused had admitted that he has not kept the muster roll presence card wage slip since last three years. They also not kept any salary register or over-time register. However the contention that was raised is that the provision of the Minimum Wages Act do not apply to the opponent No. 1 Establishment which is the Tailoring Establishment.