Kerala High Court
Naveen Lal Chopra vs Asst. Labour Officer, Alappuzha on 7 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.631 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 631 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.4395
OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ALAPPUZHA
PETITIONER:
NAVEEN LAL CHOPRA
FORMER DIRECTOR, VODAFONE MOBILE SERVICES
LTD., NORTH SIDE RAITAN, I FLOOR, 15, WORLI
SEA FACE, MUMBAI-400 025.
BY ADVS.
SMT.V.GEETHA POTTI
SMT.ROHINI S KUMAR
RESPONDENTS:
1 ASST. LABOUR OFFICER, ALAPPUZHA
GRADE II, FIRST CIRCLE, ALAPPUZHA-688 011
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
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3 VODAFONE MOBILE SERVICES LTD.
4TH FLOOR, ANGELS ARCADE, SOUTH
KALAMASSERY, COCHIN - 682 022, REPRESENTED
BY M. V. RAJESH, GM LEGAL, 4-D, TRANQUIL
TOWERS, OPP. CIVIL STATION, KAKKANAD,
COCHIN-682 030.
BY ADVS.:
SRI.RENJITH.T.R, SR.PP
SRI.P.SATHISAN - R3
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 07.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.631 of 2018
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.631 of 2018
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Dated this the 07th day of November, 2024
ORDER
Petitioner was a former director of M/s Vodafone
Mobile Services Ltd., a telecom service provider, 3 rd
respondent herein. The 3rd respondent company
renders telecom services as per permissions and
licenses from Central Government and other
authorities. Annexure-A1 is the license of the
company. It is also submitted that, the company is
functioning with all legal requirements and for the
purpose of registration under the Shops and
Commercial Establishments Act, application was
submitted by the Company showing petitioner's
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name as employer and communication address as
Circle office at South Kalamassery, Cochin.
2. The Govt. of Kerala, as per notification
dated 08.07.2015, amended the Kerala Minimum
Wages Rules wherein the register of employment and
wages in Form No.XIV needs to be electronically
submitted or uploaded under the Wage Protection
System, 3 days prior to crediting of wages in the
individual bank accounts of the employees.
Annexure-A5 is the amendment. It is submitted that
the above amendment had been challenged by
various organizations alleging its impracticability and
further due to the inconsistency thereof with
Minimum Wages Act 1948. As on 8.7.2015 the
Payment of Wages Act also envisaged payment of
wages through cash/coins/ through bank accounts as
well. The changes introduced by the Kerala Govt. as
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per Annexure-A5 created confusion and also making
it impracticable is the submission of the petitioner.
Therefore, companies including various telecom
service providers challenge the same before this
Court and this Court stayed the proceedings as
evident by Annexures A6 to A8. The 3 rd respondent
also approached this Court by filing a Writ Petition
and Annexure-A9 is the order passed by this Court by
which the operation of amendment to Kerala
Minimum Wages Rules, 1958 was stayed on
16.01.2008.
3. It is the case of the petitioner that, even
though the implementation of the amendment was
stayed by this Court, the 1st respondent conducted an
inspection in the Vodafone store at Alappuzha and an
inspection note had been served upon the petitioner
in the store address. Annexure-A10 is the copy of the
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inspection order. Inspection was held on 10.03.2017
at 3.45 PM. The 3rd respondent submitted a reply as
evident by Annexure-A11. Thereafter, another notice
was issued addressing the petitioner showing the
address as the store address in Alappuzha.
Annexure-A12 is the notice. Annexure-A13 is the
reply to the notice. It is also submitted that, to the
subsequent show cause notice which is produced and
marked as Annexures-A14 and A15, reply had been
given. The only deficiency noted was the non-
compliance of Annexure-A5 amendment as about
electronic uploading of details.
4. According to the petitioner, there was an
absolute stay from this Court as per Annexures A6 to
A9 as far as the amendment is concerned. It is also
submitted that, Annexure-A16 was submitted before
the Assistant Labour Officer, Alappuzha 1 st Circle, on
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25.05.2017, which was a reply to the show cause
notice. As per Annexure-A16, the time to implement
Wage Protection System was extended till
31.07.2017. But, even though the time is extended
till 31.07.2017, Annexure-A17 prosecution was
initiated against the petitioner on 11.09.2017 based
on the inspection conducted on 10.03.2017. It is also
submitted that the Writ Petitions were disposed of by
this Court only on 10.04.2018 and till then the
prosecution ought not have been initiated against the
petitioner is the submission.
5. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor. I
also heard the counsel appearing for the 3 rd
respondent.
6. It is an admitted case that Annexure-A17
complaint is initiated based on an inspection
conducted on 10.03.2017 at 3.45 PM, in which the
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main allegation is regarding the non-implementation
of the Wage Protection System. Admittedly, the
same was introduced as per Annexure-A5
amendment dated 08.07.2015. It is also a fact that,
Annexure-A5 was stayed by this Court as evident by
Annexures-A6 to A9. It is also a fact that, as per
Annexure-A16, the time was allowed to implement
the Wage Protection System till 31.07.2017. In such
circumstances, I am of the considered opinion that,
the prosecution based on the violation of the Wage
Protection System and that also based on an
inspection on 10.03.2017, need not be continued.
Admittedly, the time to implement the Wage
Protection System was extended till 31.03.2017.
Moreover, Annexure-A5 was stayed by this Court and
the stay was in force till 10.04.2018.
7. In such circumstances, I am of the
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considered opinion that the present prosecution
against the petitioner need not be continued. But, I
make it clear that, if there is any further violation of
any statutory provisions or rules, the competent
authority can proceed, in accordance with law.
Therefore, with the above observation, this
Criminal Miscellaneous Case is allowed. All further
proceedings against the petitioner in ST
No.4395/2017 on the file of Judicial First Class
Magistrate Court-I, Alappuzha are quashed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE RELEVANT EXTRACT
FROM THE LICENSE OF THE 3RD
RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE APPLICATION FILED
BY 3RD RESPONDENT DATED 19.12.2016.
ANNEXURE A3 TRUE COPY OF THE APPLICATION FILED
IN THE NAME OF THE PETITIONER DATED
19.12.2016.
ANNEXURE A4 TRUE COPY OF THE SHOPS AND
ESTABLISHMENT REGISTRATION
CERTIFICATE.
ANNEXURE A5 TRUE COPY OF THE GOVERNMENT ORDER
DATED 8.07.2015.
ANNEXURE A6 TRUE COPY OF THE INTERIM ORDER IN
W.P.(C) NO. 23352 OF 2017 DATED
14.07.2017.
ANNEXURE A7 TRUE COPY OF THE INTERIM ORDER IN
W.P.(C) NO. 23352 OF 2017 DATED
15.09.2017.
ANNEXURE A8 TRUE COPY OF THE ORDER IN W.P.(C)
NO. 29121/2017 DATED 31.08.2017.
ANNEXURE A9 TRUE COPY OF THE INTERIM ORDER IN
W.P.(C) NO. 1620/2018 DATED
16.01.2018.
ANNEXURE A10 TRUE COPY OF THE INSPECTION ORDER
ISSUED BY THE 1ST RESPONDENT DATED
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10.03.2017
ANNEXURE A11 TRUE COPY OF THE REPLY FILED BY THE
3RD RESPONDENT DATED 14.03.2017.
ANNEXURE A12 TRUE COPY OF THE NOTICE ISSUED BY
THE 1ST RESPONDENT DATED
19.04.2017.
ANNEXURE A13 TRUE COPY OF THE REPLY FILED BY THE
3RD RESPONDENT DATED 25.04.2017.
ANNEXURE A14 TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT DATED
15.05.2017.
ANNEXURE A15 TRUE COPY OF THE REPLY FILED BY THE
3RD RESPONDENT DATED 25.05.2017.
ANNEXURE A16 TRUE COPY OF THE ACKNOWLEDGEMENT BY
THE 1ST RESPONDENT BY ANNEXURE A15.
ANNEXURE A17 TRUE COPY OF THE ST. NO. 4395 OF
2017 BEFORE THE HON'BLE FIRST CLASS
JUDICIAL MAGISTRATE COURT-I,
ALAPPUZHA.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
