RAMANATH KARE Vs. STATE

JUDGEMENT

(1.) HEARD Shri V. Palekar, learned Counsel appearing for the petitioners and Shri C. A. Ferreira, learned Public Prosecutor appearing for the respondent. Rule. Heard forthwith by consent of the learned Counsels.

(2.) SHRI C. A. Ferreira, learned Public Prosecutor waives service on behalf of the respondent.

(3.) DURING the course of the hearing of the above petition, Shri V. Palekar, learned Counsel appearing for the petitioners has pointed out that the learned Additional Sessions Judge, South Goa, Margao, has failed to consider the order passed by the authority in Case No. CLE/(PWA -7)/2009 dated 04.05.2010 whereby the petitioners were held not liable to comply with the directions of the respondent in connection with the wages period from June, 2009 to October, 2009. The learned Counsel further pointed out that the respondent is trying to prosecute the petitioners for non payment of the amount for the subsequent period ending in December, 2009, in view of a subsequent inspection carried out by the Inspector. The learned Counsel further pointed out that in view of the said order passed on 04.05.2010, the question of holding the petitioners responsible for the payment of the amount for the subsequent period would not arise.