O P ALI Vs. STATE OF KERALA
LAWS(KER)-2003-9-25
HIGH COURT OF KERALA
Decided on September 02,2003

O.P.ALI Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

R.RAJENDRA BABU, J. - (1.) The common question involved in all the original petitions was whether the provisions of the Minimum Wages Act and the Rules framed thereunder are applicable to the employment of peeling of Prawns in the Peeling sheds. Hence all these OPs are considered together and are disposed of by this common judgment.
(2.) O.P. 33325/2000 and O.P. 1863/2001 were filed by Sri. O.P. Ali who was running a peeling shed in Eramallur for the last three years. The 4th respondent, the Assistant Labour Officer, Cherthala inspected the above peeling, shed on July 4, 2000 and detected the violation of Rule 29(1), (2) and (3) (sic) of the Rules framed under the Minimum Wages Act. Further he found violation of the Kerala Industrial Establishments (National and Festival Holidays) Rules, 1958 also. Accordingly, the Assistant Labour Officer issued a show cause notice to the petitioner, the employer. Dissatisfied with the explanation offered by the petitioners, the Assistant Labour Officer.file prosecution proceedings. O.P. 3325/2000 was filed for quashing the prosecution proceedings initiated against the petitioner viz., Exhibits P-3 to P-5 complaints before the J.F.C.M. Court-II, Cherthala, and also to declare that the petitioner was not liable to be prosecuted for the omission to maintain the Registers in terms of the Minimum Wages Rules. The Asst. Labour Officer conducted an inspection on August 5, 2000 and detected the very same violations again and filed complaints before the J.F.C.M., Court-II, Cherthala. O.P. 1863/2001 was filed by Sri O.P. Ali for quashing the prosecution proceedings initiated against him, viz. Exhibits P-l and P-2 complaints.
(3.) O.P. 35997/2000 was filed by Sri. K.M. Pareeth and two others who were running peeling sheds at Eramallur for the last three years. The Assistant Labour Officer inspected the peeling sheds on July 4, 2000 and detected non-compliance of the provisions of the Minimum Wages Rules. Accordingly prosecution steps were initiated against them by filing Exhibits P-l to P-4 complaints before the J.F.C.M. Court-II, Cherthala. Exhibits P-l to P-3 complaints were filed against the first petitioner Sri. K.M. Pareeth where as Exhibits P4 to P6 were filed against the 2nd petitioner Sri. S. Pareeth. Exhibits P-7 to P-4 complaints were filed against Sri. Mohanan, the 3rd petitioner and they filed the Original Petition for quashing the above complaints raising identical grounds as those raised in the O.P. 33325/2000.;


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