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TMI Blog2017 (3) TMI 1890X X X X Extracts X X X X X X X X Extracts X X X X ..... is one thing to say that the Company is the accused represented by its Director and it is another to say that an individual being described as a Director in a particular Company satisfies the requirement of law. An individual can be a member on the Board of several Companies. Unless a Company, which is a juristic person, is arraigned as a party, the Labour Department could not have initiated prosecution only against an individual. In the circumstances, respectfully following the Authority in the case of ANEETA HADA VERSUS GODFATHER TRAVELS TOURS (P.) LTD. [ 2012 (5) TMI 83 - SUPREME COURT] , the complaints filed by the Senior Labour Inspector qua an individual without the Corporate entity being made as a member, were not maintainable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and held that the remedy provided under Section 397 of the Cr.P.C. is a statutory remedy and the same is available to the petitioner. 3. Sri Udaya Holla, adverting to Annexure A in all these petitions, which are separate order sheets maintained by the Court of the Metropolitan Magistrate Traffic Court-V, Bengaluru, in C.C.Nos.12589/2016, 12595/2016, 12592/2016, 12596/2016, 12594/2016, 12591/2016, 12588/2016, 12598/2016, 12597/2016, 12590/2016, 12593/2016 and 12587/2016 respectively, submits that pursuant to the individual complaints filed by the Senior Labour Inspector, 48th Circle, Bengaluru, on behalf of the State, the learned Magistrate has taken cognizance of offence under Section 26 of the Contract Labour (Regulation and Aboli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by this Court in the case of Sanjay Jain Vs. State of Karnataka Reported In 2013 Scc Online Kar 10300 and the prosecution launched by the Labour Department in the said case quashed. 6. Mr. Holla further contended that Annexure A in these petitions, which are separate order sheets maintained by the Metropolitan Magistrate s Court, disclose that printed formats, which are generally used for the purpose of recording the charge sheets filed by the Police under the provisions of the Cr.P.C., have been used. The offences alleged against the petitioner herein are with regard to violation of Section 26 of the Contract Labour (Regulation and Abolition) Act, 1970, Section 22(a) of the Minimum Wages Act, 1948 and Section 8 of the Equal Remu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court Government Pleader. 9. In the light of the submissions of the parties, the point that arises for consideration of this Court is: Whether the impugned orders passed by the learned Magistrate taking cognizance of the offences mentioned in the complaints filed by the Labour Department against the petitioner as an individual without making the Company, in which he is a member on Board, are maintainable ? 10. The Hon`ble Supreme Court in the case of ANEETA HADA (supra) while considering a case arising out of Section 138 of the Negotiable Instruments Act, 1881, has held as follows: Applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is an express con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Senior Labour Inspector qua an individual without the Corporate entity being made as a member, were not maintainable. In the circumstances, these petitions merit consideration and are accordingly, allowed. Hence, the following: ORDER 1. The petitions are allowed; 2. Proceedings in C.C. Nos.12589/2016, 12595/2016, 12592/2016, 12596/2016, 12594/2016, 12591/2016, 12588/2016, 12598/2016, 12597/2016, 12590/2016, 12593/2016 and 12587/2016 on the file of the Metropolitan Magistrate Traffic Court V, Bengaluru, are set aside. 3. The respondent State shall be at liberty to take fresh and appropriate action in accordance with law; 4. In view of disposal of these petitions, applications (I.A. No.2/2017) for stay do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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