5. cr wp 2083-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2083 OF 2010 Kotak Mahindra Old Mutual Life Insurance Ltd & Ors .. Petitioners Vs State of Maharashtra & Anr .. Respondents Mr. Ashok Mundargi, Sr. Counsel with Mr. Faisal Sayyed and Mr. Mayur Bhojwani i/b M/s. Manilal Kher Ambalal & Co for the Petitioners Ms. Seema Rawade for Respondent NO. 2-BMC Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 5th OCTOBER, 2010. P.C.: 1. Heard learned senior counsel for the petitioners, learned counsel for the respondent no. 2-BMC and learned APP for the State. 2. Complaint came to be lodged by respondent no. 2-BMC against the petitioners in respect of contravention of Rule 27(2) and 27(4) of the Maharashtra Minimum Wages Act, 1948 and Rules made thereunder. The petitioners are aggrieved by the order dated 17th November 2009 passed by the learned Special Metropolitan Magistrate, Special Court, Borivali in Case No. 552/SMM/2009. By the said 1 5. cr wp 2083-10.doc order, the learned Magistrate convicted all the accused and sentenced them to pay fine of Rs. 13,200/-. 3. The learned counsel for the petitioners submitted that the learned Magistrate recorded the plea of only accused nos. 1 and 11, who pleaded guilty to the said charge. However, by the order dated 17th November 2009, he convicted all the accused including accused nos. 2 to 10 who had not pleaded guilty to the said charge. An application was also filed by the accused nos. 1 and 11 seeking rectification of the order dated 17th November, 2009. However, no order was passed by the learned Magistrate on the said application. 4. The learned Magistrate committed an error of law which is apparent on the face of the record. Hence, the order dated 17th November 2009 is restricted to only accused nos. 1 and 11 who have actually pleaded guilty before the trial Court. The said order of conviction in respect of the present petitioners i.e accused nos. 2 to 10 is set aside. It is open to the petitioners to move for appropriate relief before the appropriate forum in respect of the order issuing process against them. 5. Petition disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 2 5. cr wp 2083-10.doc 3