IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Crl.MC.No. 3455 of 2009 ---------------------------------- [ST.NO.91/2006 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. SRI. GOPAL ANSAL, MANAGING DIRECTOR, ANSAL BUILDWELL LIMITED, ANSAL REVERDALE, EROOR, ERNAKULAM DISTRICT, PIN -682 306. 2. M/S ANSAL BUILDWELL LTD, ANSAL RIVERDALE, EROOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS GENERAL MANAGER M.P. MATHEWS. BY ADV. MR.M.RAMESH CHANDER. RESPONDENTS/ STATE AND COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASSISTANT LABOUR OFFICER, ERNAKULAM IST CIRCLE, KAKKANAD, COCHIN- 682 030. R1 & R2 BY PUBLIC PROSECUTOR MR. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2009, ALONG WITH CRL.M.C. NO. 3457/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3455 & 3457 OF 2009 =========================== Dated this the 26th day of November,2009 ORDER Petitioners are the accused in S.T.90 & 91 of 2006 on the file of Additional Chief Judicial Magistrate Court, Ernakulam. These petitions are filed under section 482 of the Code of Criminal Procedure to quash Annexure A complaint taken cognizance by the learned Magistrate for the offence under section 22A of Minimum Wages Act. Petitioners have earlier filed Crl.M.C.474/2006 and Crl.M.C.1022/2006 for seeking the very same relief. By Annexure H order dated 3.4.2009 both the petitions were dismissed. Petitioners challenged that order before the Apex Court in SLP 4347/2009 & 4348/2009. As evidenced by Annexure I order, SLPs were dismissed as withdrawn, with liberty to move the High Court once again. These petitions are filed consequent to the withdrawal of the SLPs filed before the Apex Court. 2. When Annexure H order stands, this court cannot render a different finding than what is already found by this court by the order dated 3.4.2009. In such Crl.M.C.3455 & 3457 of 2009 2 circumstance, Annexure A complaint cannot be quashed as sought for. Petitioners are at liberty to raise all the contentions before the learned Magistrate. Learned Magistrate to dispose the case untrammelled by the observations in Annexure H order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006