SHRINIDHI P APSINGEKAR Vs. SYNDICATE BANK

JUDGEMENT

(1.) Heard the learned Counsel for the respective parties. This is an application for leave to file an appeal against judgment of acquittal of respondent Nos. 1 to 4 for the offence punishable under section 3(3) of the Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act, 1981 read with Clauses 25(2) and 42 of the Private Security Guards (Regulation of Employment & Welfare) Scheme, 2002.

(2.) An inspection was carried out by the complainant Shri S.P. Apsingekar, Inspector employed by the Board at these offices were of the Bank on 25th & 26th May, 2004. He found certain guards working at these offices were deployed by M/s. Twin City Enterprises Security and M/s. Bhoparal Marshal Security Pvt. Ltd. He also found that the conditions of the services of the guards employed at P.M. Road branch, Fort, Mumbai were not as good as of the guards employed by the Zonal offices. The complainant claims to have issued a show cause notice to the respective branches including P.M. Road branch. Fort, Mumbai for committing breach of the Scheme by not engaging security guards allotted by the Board or Agency registered with the Board. It appears that the complainant also provided some guards to the accused - Bank but the accused - Bank refused to employ them.

(3.) Eventually the complainant filed a complaint before the learned Additional Chief Metropolitan Magistrate, 16th Court, Ballard Pier, Mumbai on 18th January, 2005 against the Zonal office, Syndicate Bank at Maker Towers 'E' & 'F' Wings, Cuffe Parade, Mumbai - 400 005 and its Chief Managing Director Mr. Michael Bastian, General Manager - Mr. S.P. Malhotra & Mr. A.S. Malya -Chief Manager, since they are alleged to be the persons in charge affairs of the Bank.