S.K. AGARWAL, MANAGER, M/S. TRANSPORT CORPORATION OF INDIA (P) LTD., RECORDS AND CLAIMS OFFICER, M.G. ROAD, SECUNDERABAD, A.P. Vs. THE ASSISTANT INSPECTOR OF LABOUR 14TH CIRCLE, GOVT OF A.P., LABOUR DEPARTMENT, HYD. AND OTHERS

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India filed by the Transport Corporation of India (P) Ltd., Secunderabad for the issue of a writ of prohibition restraining the 4th respondent the Second City Magistrate, Secunderabad from proceeding with C.C. No. 1760 of 1970 and to quash the said proceedings instituted by the 1st respondent, the Assistant Inspector of Labour, 14th Circle, Labour Department, Andhra Pradesh, Hyderabad.

(2.) The petitioner's Company has its head office in the Assam State and it functions through various branches including the Secunderabad branch. The petitioner is engaged in the business of transportation of goods throughout India. The petitioner was asked to register the company under section 3 of the A.P. Shops and Establishments Act, 1966. On failure to do so, the impugned criminal proceedings are instituted against the petitioner.

(3.) The jurisdiction of the Magistrate is assailed on the ground that the provisions of the A.P. Shops and Establishments Act are not attracted, as the petitioner is governed by the provisions of the Motor Transport Workers Act (Central), of 1961.