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
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
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
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3393, 3394 and 3494 of 2025
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
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
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
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
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
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
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
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
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
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
