SAILESH T BHANSALI Vs. INSPECTOR OF PLANTATIONS

JUDGEMENT

(1.) The common point that arises in all the O.P.s is whether the petitioner herein can be straight away prosecuted without obtaining sanction as required under Section 21 of the Payment of Wages Act, 1936.

(2.) The undisputed facts are the petitioner is the Managing Director of Mahavir Plantations Limited, having its Tea Plantations in Cochin, Kerala and various parts of this State. The respondent who happens to be the Inspector of Plantations, Valparai, inspected the petitioner's plantation office records and found that there has been delay in the payment of wages relating to various periods. Therefore, the Inspector of Plantations, Valparai, straight-away proceeded to prosecute the petitioner for violation of Section 5(l)(a) of the Payment of Wages Act 1936.

(3.) The learned Judicial Magistrate, Valparai, took cognizance of the matters in the various STC numbers as against which the petitioner has come forward with all these OPs. challenging the propriety of the learned Magistrate in taking cognizance of the matters.