Kerala High Court
Thomas John Muthoot vs State Of Kerala on 14 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:52751
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 3487 OF 2025
CRIME NO.0/0 OF ,
IN ST NO.228 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,MALAPPURAM
PETITIONER/ACCUSED:
THOMAS JOHN MUTHOOT,
AGED 61 YEARS
MUTHOOT FINCORP LTD. MONGAM MALAPPURAM, PIN - 673638
BY ADVS.
SHRI.AJITH S.
SMT.MAYURI A. NAIR
SHRI.MUHAMMED OWAIS
RESPONDENTS/STATE, COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ASSISTANT LABOUR OFFICER,
KONDOTTY, PIN - 673638
MC ASHI SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH Crl.MC.3367/2025, 3392/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:52751
Crl.M.C.Nos.3487, 3367, 3392,
3393, 3394 and 3494 of 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 3367 OF 2025
CRIME NO.0/0 OF ,
IN ST NO.68 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS-I,MANJERI
PETITIONER:
THOMAS JOHN MUTHOOT,
AGED 61 YEARS
MUTHOOT FINCORP LIMITED, KALATHINKAL TOWER, NUHMAN
JUNCTION, CALICUT AIRPORT P.O, KARIPUR, PIN - 673647
BY ADVS.
SHRI.AJITH S.
SMT.MAYURI A. NAIR
SHRI.MUHAMMED OWAIS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ASSISTANT LABOUR OFFICER,
KONDOTTY, PIN - 673638
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH Crl.MC.3487/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:52751
Crl.M.C.Nos.3487, 3367, 3392,
3393, 3394 and 3494 of 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 3392 OF 2025
CRIME NO.0/0 OF ,
IN ST NO.225 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,MALAPPURAM
PETITIONER/ACCUSED:
THOMAS JOHN MUTHOOT,
AGED 61 YEARS
MUTHOOT FINCORP LIMITED, EDAVANNAPARA, 1ST FLOOR, DOOR
IX 3906, ASHI BUILDING EDAVANNAPARA, VAZHAKKAD
PANCHAYAT, MALAPPURAM, PIN - 673640
BY ADV SHRI.AJITH S.
RESPONDENTS/STATE, COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ASSISTANT LABOUR OFFICER,
KONDOTTY, PIN - 673638
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH Crl.MC.3487/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:52751
Crl.M.C.Nos.3487, 3367, 3392,
3393, 3394 and 3494 of 2025
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 3393 OF 2025
CRIME NO.0/0 OF ,
IN ST NO.227 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,MALAPPURAM
PETITIONER:
THOMAS JOHN MUTHOOT,
AGED 61 YEARS
MUTHOOT FINCORP LIMITED, MORAYUR MALAPPURAM, PIN -
673642
BY ADVS.
SHRI.AJITH S.
SMT.MAYURI A. NAIR
SHRI.MUHAMMED OWAIS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ASSISTANT LABOUR OFFICER,
KONDOTTY, PIN - 673638
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH Crl.MC.3487/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:52751
Crl.M.C.Nos.3487, 3367, 3392,
3393, 3394 and 3494 of 2025
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 3394 OF 2025
CRIME NO.0/0 OF ,
IN ST NO.233 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,MALAPPURAM
PETITIONER/ACCUSED:
THOMAS JOHN MUTHOOT,
AGED 61 YEARS
MUTHOOT FINCORP LIMITED, KADEEJA MALL 1ST FLOOR,
PULLIKAL, PIN - 673637
BY ADVS.
SHRI.AJITH S.
SMT.MAYURI A. NAIR
SHRI.MUHAMMED OWAIS
RESPONDENTS/STATE, COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ASSISTANT LABOUR OFFICER,
KONDOTTY, PIN - 673638
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH Crl.MC.3487/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:52751
Crl.M.C.Nos.3487, 3367, 3392,
3393, 3394 and 3494 of 2025
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 3494 OF 2025
CRIME NO.0/0 OF ,
IN ST NO.232 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,MALAPPURAM
PETITIONER/ACCUSED:
THOMAS JOHN MUTHOOT
AGED 61 YEARS
MUTHOOT FINCORP LTD NEAR BUS STAND KONDOTTY, PIN -
673638
BY ADVS.
SHRI.AJITH S.
SMT.MAYURI A. NAIR
SHRI.MUHAMMED OWAIS
RESPONDENTS/STATE, COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ASSISTANT LABOUR OFFICER
KONDOTTY, PIN - 673638
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH Crl.MC.3487/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:52751
Crl.M.C.Nos.3487, 3367, 3392,
3393, 3394 and 3494 of 2025
7
ORDER
Dated this the 14th day of July, 2025 These Crl.M.Cs are filed challenging the proceedings in the criminal cases pending against the petitioner on the basis of complaints filed by the jurisdictional Assistant Labour Officers. The allegation in the complaints is regarding the violation of Rule 21A(1) of the Kerala Minimum Wages Rules, 1958 (hereinafter called 'the Rules').
2. Learned Counsel for the petitioner submitted that his client is the Managing Director of a Non-
Banking Financial Company, which does not fall within the purview of Rule 21A(1) of the Rules. It is contented that only establishments included in the Appendix to 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 8 the Rule 21A alone can be prosecuted for the alleged infraction. In support of the argument, reliance is placed on the decision rendered by this Court in Thomas John Muthoot v. State of Kerala and Another (2024 KHC OnLine 7047).
3. Learned Public Prosecutor submitted on instructions that the complaints were filed since, the petitioner had failed to upload the Wages Register to the Automated System of the Wages Commissioner, in spite of issuing directions in that regard.
4. As rightly pointed by the learned Counsel for the petitioner, the question involved is no longer res integra, in view of the well considered decision of this Court in Thomas John Muthoot (supra). The contextually relevant portion of that judgment is extracted below for easy reference;
2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 9
7. The employments that come under the Minimum Wages Act, 1948 are enumerated in the schedule appended to the Act. As per ,Section 30 ,of the Act, the Government may make rules for carrying out the purposes of the Act. The Kerala Minimum Wages Rules, 1958 has been enacted in exercise of the powers conferred by Section 30 of the Minimum Wages Act, 1948. Rule 21A of the Rules reads thus:-
"21A. Payment of wages through I.T. enabled wages payment system.- (1) Notwithstanding anything contained in these rules, employers of the scheduled employment as specified in the Appendix shall submit electronically or upload an I.T. enabled 'Register of Employment and Wages' in Form XIV through Labour Commissionerate Automation System.
(2) Employers of the scheduled employments specified under sub-section (1) shall pay and disburse the wages to the employees only through individual bank accounts."
8. As per Rule 21A, the employers of the scheduled employment as specified in the Appendix shall 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 10 submit electronically or 2024:KER:78655 upload an IT enabled 'Register of Employment and Wages' in the specified form through Labour Commissionerate Automation System.
9. The employments specified in the Appendix to the Rules are the following:-
(I) Employment in Shops and Establishments.
(ii) Employment in Private Hospitals, Dispensaries, Pharmacies, Clinical Labs, Scanning Centres, X-ray Units and Other allied institutions,
(iii) Employment in Star Hotels,
(iv)Employment in Security Services,
(v) Employment in Computer Software.
(vi) Employment in Private Educational Institutions (Non-teaching).
10. It is the case of the petitioner that the establishment of the petitioner has been excluded from the schedule appended to the Rules. The case of the prosecution is that the establishment of the petitioner comes under "Employment in Shops and 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 11 Establishments". The learned counsel for the petitioner submitted that in the Minimum Wages Act, 1948 the Legislature has consciously treated employments in shops and establishments different from the employment in private financial institutions. The learned counsel relied on the schedule 2024:KER:78655 appended to the Act to support his contention.
11. The relevant portion of the schedule appended to the Minimum Wages Act is extracted below:
"THE SCHEDULE (PART I) xx xx xx
21. Employment in Shops and Establishments (including hotels and restaurants) xx xx xx
85. Employment in private financial institutions."
12. Sl.No.21 in the schedule is employment in shops and establishments (including hotels and restaurants) and Sl.No.85 is employment in private financial institutions.
13. In the Appendix to the Rules, the employment in private financial institutions is excluded. Violation of Rule 21A of the Rules is applicable only to the 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 12 employers of the scheduled employment as specified in the Appendix to the Rules. The petitioner's company/establishment does not come under the scheduled employment as specified in the Aappendix to the Rules. The prosecution shall fail on this ground alone.
5. Having heard the learned Counsel on both sides and having gone through the relevant provisions, I am in completed agreement with the findings above.
Admittedly the prosecution is being continued only for violation of Rule 21A. Being so, further proceedings will definitely be an abuse of process of court.
6. The Crl.M.Cs are hence allowed and all further proceedings in S.T. Nos.225, 227, 228, 232 and 233 of 2021 on the files of the Judicial First Class Magistrate Court, Malappuram and S.T.C. No.68 of 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 13 2021 on the files of the Judicial First Class Magistrate Court-I, Manjeri, as against the petitioner, is quashed.
It is made clear that, I have not considered the other contentions raised in these Crl.M.Cs.
Sd/-
V.G.ARUN JUDGE SSK/14/07 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 14 APPENDIX OF CRL.MC 3487/2025 PETITIONER ANNEXURES Annexure A1 REGISTRATION CERTIFICATE ISSUED BY THE RESERVE BANK OF INDIA DESCRIBING MUTHOOT FINCORP LTD. AS NON-BANKING FINANCIAL INSTITUTION Annexure A2 CERTIFIED COPY OF THE COMPLAINT IN ST NO:
228/2021 AND THE DOCUMENTS PRODUCED ALONG WITH THE COMPLAINT 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 15 APPENDIX OF CRL.MC 3367/2025 PETITIONER ANNEXURES Annexure A1 REGISTRATION CERTIFICATE ISSUED BY THE RESERVE BANK OF INDIA DESCRIBING MUTHOOT FINCORP LTD. AS NON-BANKING FINANCIAL INSTITUTION Annexure A2 series CERTIFIED COPY OF THE COMPLAINT IN STC NO:
68/2021 AND THE DOCUMENTS PRODUCED ALONG WITH THE COMPLAINT 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 16 APPENDIX OF CRL.MC 3392/2025 PETITIONER ANNEXURES Annexure A1 REGISTRATION CERTIFICATE ISSUED BY THE RESERVE BANK OF INDIA DESCRIBING MUTHOOT FINCORP LTD. AS NON-BANKING FINANCIAL INSTITUTION Annexure A2 series CERTIFIED COPY OF THE COMPLAINT IN ST NO:
225/2021 AND THE DOCUMENTS PRODUCED ALONG WITH THE COMPLAINT 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 17 APPENDIX OF CRL.MC 3393/2025 PETITIONER ANNEXURES Annexure A1 REGISTRATION CERTIFICATE ISSUED BY THE RESERVE BANK OF INDIA DESCRIBING MUTHOOT FINCORP LTD. AS NON-BANKING FINANCIAL INSTITUTION Annexure A2 CERTIFIED COPY OF THE COMPLAINT IN ST NO:
227/2021 AND THE DOCUMENTS PRODUCED ALONG WITH THE COMPLAINT 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 18 APPENDIX OF CRL.MC 3394/2025 PETITIONER ANNEXURES Annexure A1 REGISTRATION CERTIFICATE ISSUED BY THE RESERVE BANK OF INDIA DESCRIBING MUTHOOT FINCORP LTD. AS NON-BANKING FINANCIAL INSTITUTION Annexure A2 series CERTIFIED COPY OF THE COMPLAINT IN ST NO:
233/2021 AND THE DOCUMENTS PRODUCED ALONG WITH THE COMPLAINT 2025:KER:52751 Crl.M.C.Nos.3487, 3367, 3392, 3393, 3394 and 3494 of 2025 19 APPENDIX OF CRL.MC 3494/2025 PETITIONER ANNEXURES Annexure A1 REGISTRATION CERTIFICATE ISSUED BY THE RESERVE BANK OF INDIA DESCRIBING MUTHOOT FINCORP LTD. AS NON-BANKING FINANCIAL INSTITUTION Annexure A2 series CERTIFIED COPY OF THE COMPLAINT IN ST NO:
232/2021 AND THE DOCUMENTS PRODUCED ALONG WITH THE COMPLAINT