VIJAYA BANK Vs. STATE

JUDGEMENT

(1.) THIS petition is directed against taking cognizance of an offence under Section 10 (1) of the Equal Remuneration Act, 1976 in CC 115 of 1997 on the file of the Judicial Magistrate First Class, II Court, hassan.

(2.) THE Petitioners are respectively the General Manager and Senior Branch Manager of Vijaya Bank, Bangalore and the Hassan branch at Hassan. The petitioners seek to contend that the taking of cognizance of the Magistrate in the circumstances is a mechanical act and does not conform to the spirit of Section 190 of the Code of criminal Procedure (hereinafter called the 'code' ). The invalidity of the complaint for non-compliance with Section 204 (2) of the Code is also sought to be pressed into service. It is also contended that the complainant has to show that he is competent to file the complaint under Section 9 of the Act. The infraction that is alleged in the complaint is no infraction at all inasmuch as there is no instance at all of any discrimination on the ground of sex amongst the employees to be prosecuted with a charge of this nature. It is contended that the petitioners are not shown to be employers as defined under the act and cannot therefore be prosecuted.

(3.) ON behalf of the respondent, the claims of the petitioner is refuted and it is contended that the prosecution is in accordance with law.