STATE Vs. S R SANKARALINGAM

JUDGEMENT

(1.) State has come forward with these Appeals aggrieved over the order of acquittal by Judicial Magistrate, Sirkazhi, acquitting the Respondent / accused for various violations of Rules under The Tamil Nadu Shops and Establishments Act, Minimum Wages Act and Tamil Nadu Industrial Establishments (National and Festival Holidays) Act.

(2.) Relevant facts necessitated for disposal of these Appeals could briefly be stated thus:- Complainant is the Assistant Labour Inspector, Sirkazhi. He has inspected the premises Katchery Road, Sirkazhi. Complainant / Assistant Labour Inspector received the Complaint from one Venkatachalam. The Complainant issued Notice (Ex.P-1) about the proposal for inspection. After issuing the Notice, the Complainant inspected the premises on 11.05.1995 - 10.40 AM. While the premises was inspected, the owner Sankaralingam was not available. One Vijayaraghavan, claiming to be the 'Kanakkupillai' was incharge of the Shop.

(3.) The shop was kept opened. When the Complainant asked for Registers, the said Vijayaraghavan informed him that only in consultation and with the permission of the owner, the Registers could be produced for inspection. When the owner was contacted, there was no response from him. Thereafter, the Complainant / Assistant Labour Inspector prepared the Inspection Report. Copy of the Inspection Report was handed over to the said Kanakkupillai Vijayaraghavan. He refused to receive the same. Therefore, copy of the Inspection Report was sent to owner Sankaralingam to his Chidambaram address. In all the cases, show cause notice was also sent to owner Sankaralingam. Though show cause notice was received (acknowledgments produced in all cases), no reply was sent. Since no reply was forthcoming, the Complainant / Assistant Labour Inspector recommended for launching Prosecution against the Respondent / accused. After obtaining the consent for prosecution from the Labour Commissioner, the Complaint was lodged.