V B SIVALINGAM CHETTIAR Vs. LABOUR OFFICER NELLORE

JUDGEMENT

(1.) These two petitions are filed under section 482 of the Criminal Procedure Code to quash S.T.C. Nos. 3365 and 3366 of 1984 (Summary Trial Cases) on the file of the Special Munsif Magistrate, vinaywada.

(2.) The Labour officer, Nellore, the respondent herein filed two complaints against the petitioner, Sri V. B. Sivlingam Chettiar, Managing Director, Abirami Cotton Mills Limited, Sulurpet, for offences punishable under sections 28 and 26 read with rule 4(c) and section 27 (2) of the Payment of Bonus Act. The charge was that for the accounting years 1980-81 and 1981-82, the petitioner failed to maintain a register in Form "C" and produce the same on demand by the Inspector. In S.T.C. No. 3366/84, the charge was that the petitioner failed to maintain registers in Forms `A and `B for the accounting years 1980-81 and 1981-82 and produce the same on demand by the Inspector, as required under the provisions of the Payment of Bonus Act, 1965.

(3.) Section 26 of the payment of Bonus Act deals with maintenance of registers., It requires every employer to prepare and maintain such registers in such form and in such manner as may be prescribed.