ASSISTANT INSPECTOR OF LABOUR Vs. SUBBAIAH SETTY

JUDGEMENT

(1.) The question for consideration in these two appeals is whether the Minimum Wages (Central) Rules, 1950, or the Andhra Pradesh Minimum Wages Rules, 1960 that are applicable to the shops of the respondent ?

(2.) It is sufficient if I state the facts in Crl. Appeal No.146 1980. The Assistant Inspector of Labour, Kurnool, II Circle and Inspector under the Minimum Wages Act, inspected the shop of the respondent at kurnool on 30th January, 1979 at 6-55 p.m. The respondent, the owner of the shop was present. The officer demanded the production of the wage slips of the employees for the period September, 1978 to December, 1978. The resspondent produced wage slips iasued upto August, 1978. Then the Assisstant Inspector of Labour prepared the inspection report, Ex. P-1 on the spot and obtained the signature of the employer on it and also noted the remarks in the vistor's book maintained under the Andhra Pradesh Shops and Establishments Act. He issued Inspection order cum-show cause notice dated 31st January, 1979, which was racsivsd by the respondent on 17th February, 1979. Since there was no reply, a complaint was filed against the respondent on 24th April, 1979, after obtaining the approval of the Labour Officer, Kurnool. The respondent was prosecuted for constravention of Rule 30 (2) read with Rule 3 of the Andhra Pradesh Minimum Wages Rules, 1960,

(3.) The respondent denied the prosecution version as spoken to by the Assistant Inspector of Labour (P.W.1).