F RODRIGUES Vs. S R MORE

JUDGEMENT

(1.) ADMIT. Heard forthwith.

(2.) THIS is the complainant Labour Inspector's appeal against the discharge of the accused under Section 22A of the Minimum Wages Act 1948 r/w Rules 29(1)9, 29(2) and 29(5) of the Minimum Wages Rules, 1975.

(3.) AFTER summons were issued to the said accused by the learned J.M.F.C., the accused on or about 21.1.02 by an application purporting to be an application under Section 245 of the Code of Criminal Procedure, 1973 (Code, for short) prayed for their discharge/acquittal. The said application was later on dismissed as withdrawn on 4.3.02. Later, on 4.3.02 the accused filed an application styling the same as an application for dismissal for the complaint and along with the said application, the accused filed registration certificate which showed that the establishment 3 of M/s Deccan Express Transport Co. was registered before the Chief Inspector appointed under the Motor Transport Workers Act, in the State of Maharashtra. It was also contended in the said application that in the past the complainant had filed similar complaints under the Shops and Establishments Act, 1973 which were dismissed by the Chief Judicial Magistrate, Margao.