Five criminal miscellaneous petitions filed by employees of Harrison Malayalam Limited challenging prosecution for alleged offences under the Payment of Wages Act, 1936.
All the complaints and further proceedings thereof are quashed by allowing all the Crl.M.C's.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Crl.MC.No.7776 OF 2019(B)
AGAINST THE ORDER/JUDGMENT IN ST 344/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NEDUMKANDOM
PETITIONER/ACCUSED:
JITHENDRA KUMAR JHA, MANAGER, PANNIAR ESTATE, HARRISONS MALAYALAM LIMITED, PANNIAR ESTATE, PANNIAR P.O, IDUKKI DISTRICT-685613.
BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.JAI MOHAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 INSPECTOR OF PLANTATIONS OFFICE OF THE INSPECTOR OF PLANTATIONS, VANDANMEDU, NEDUMKANDAM, IDUKKI-685553, KERALA.
PUBLIC PROSECUTOR.SMT.M.N.MAYA, SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.11.2020, ALONG WITH Crl.MC.7782/2019(C), Crl.MC.8797/2019(H), Crl.MC.494/2020(B), Crl.MC.497/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.7776/2019 AND CONNECTED CASES 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Crl.MC.No.7782 OF 2019(C)
AGAINST THE ORDER/JUDGMENT IN ST 345/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NEDUMKANDOM
PETITIONER/ACCUSED:
SUNIL JOHN JOSEPH DEPUTY GENERAL MANAGER,HARRISONS MALAYALAM LIMITED,UPPER SURYANELLI ESTATE,SURYANELLI.P.O, IDUKKI DISTRICT PIN-685618,(PRESENTLY DEPUTY GENERAL MANAGER-BOUGHT OPERATIONS).
BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.JAI MOHAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2 INSPECTOR OF PLANTATIONS, OFFICE OF THE INSPECTOR OF PLANTATIONS,VANDANMEDU,NEDUMKANDAM, IDUKKI-685553,KERALA.
PUBLIC PROSECUTOR SRI.M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.11.2020, ALONG WITH Crl.MC.7776/2019(B), Crl.MC.8797/2019(H), Crl.MC.494/2020(B), Crl.MC.497/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.7776/2019 AND CONNECTED CASES 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Crl.MC.No.8797 OF 2019(H)
AGAINST THE ORDER/JUDGMENT IN ST 388/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, DEVICOLAM
PETITIONER/ACCUSED:
1 VENKITARAMAN ANAND CHIEF EXECUTIVE, HARRISONS MALAYALAM LIMITED, 24/1624 BRISTOW ROAD, WELLINGDON ISLAND, KOCHI-682002.
2 JOBSY THOMAS GENERAL MANAGER, LOCKHART ESTATE, HARRISONS MALAYALAM LIMITED, DEVIKULAM P O, MUNNAR, PIN-685613.
BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682031.
2 INSPECTOR OF PLANTATIONS, OFFICE OF THE INSPECTOR OF PLANTATIONS, MUNNAR, KERALA-685612.
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.11.2020, ALONG WITH Crl.MC.7776/2019(B), Crl.MC.7782/2019(C), Crl.MC.494/2020(B), Crl.MC.497/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.7776/2019 AND CONNECTED CASES 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Crl.MC.No.494 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN ST 924/2019 OF CHIEF JUDICIAL MAGISTRATE , KALEPETTA
PETITIONER/ACCUSED:
HARI R NAIR, MANAGER, ARRAPETTA ESTATE, HARRISONS MALAYALAM LIMITED, MEPPADI P.O., WAYANAD DISTRICT,PIN-673 577, KERALA
BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.JAI MOHAN
RESPONDENTS/STATE & COMPLAIANANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 INSPECTOR OF PLANTATIONS, OFFICE OF THE INSPECTOR OF PLANTATIONS, KALPETTA,PIN-673 121, KERALA
R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION PUBLIC PROSECUTOR SMT.M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.11.2020, ALONG WITH Crl.MC.7776/2019(B), Crl.MC.7782/2019(C), Crl.MC.8797/2019(H), Crl.MC.497/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.7776/2019 AND CONNECTED CASES 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Crl.MC.No.497 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN ST 925/2019 OF CHIEF JUDICIAL MAGISTRATE , KALEPETTA
PETITIONER/ACCUSED:
ANSUMAN PATTANAIK, MANAGER., SENTINEL ROCK ESTATE, HARRISONS MALAYALAM LIMITED, VELLARMALA P.O, MEPPADI, WAYANAD,PIN-673 578, KERALA
BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.JAI MOHAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 INSPECTOR OF PLANTATIONS, OFFICE OF THE INSPECTOR OF PLANTATIONS, KALPETTA,PIN-673 121,KERALA
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.11.2020, ALONG WITH Crl.MC.7776/2019(B), Crl.MC.7782/2019(C), Crl.MC.8797/2019(H), Crl.MC.494/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.7776/2019 AND CONNECTED CASES 6
ORDER
Crime was registered in all these five cases on the allegation of offence under Section 20 r/w Section 6 of the Payment of Wages Act, 1936. Admittedly the wages was credited to the account and there is no default. But the authorities, the complainant insisted payment of wages either through paper currency or through current coin. It is submitted that for that purpose a notification was issued on 09/05/2017, subsequently it was withdrawn by another notification dated 14/06/2018 Annexure E, thereby the parties were brought back to their original position and governed by Section 6 of the Act. Going by the proviso attached to Section 6 it is clear that, the right to notify vested with the
Crl.MC.7776/2019 AND CONNECTED CASES 7
government is restricted to confine the mode of payment either by cheque or through the bank account. In other words, by a notification, the government can exclude payment of wages either through current coin or currency note. In the instant case, the earlier notification issued was subsequently withdrawn. As such the parties are governed by the main part of Section 6 of payment of wages Act, 1936, which permits payment of wages either through cheque or through bank account or through current coin
or through currency note. No offence will stand attracted.
of Apex Court and various High Courts, that
the accused has no role to pay at the pre-cognizance stage and their right to defend would arise only after issuance of process under Section 204 Cr.P.C. But the canvass
under Section 482 Cr.P.C. is wide enough
to take in even the question of failure of
Crl.MC.7776/2019 AND CONNECTED CASES 8
justice while taking cognizance.
proceedings thereof are quashed by allowing all the crl.M.C's.
All the Crl.M.C's are allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.7776/2019 AND CONNECTED CASES 9
APPENDIX OF Crl.MC 7776/2019
PETITIONER'S/S EXHIBITS:
| ANNEXURE-A | CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEING ST 344/19 ON THE FILES OF THE HON'BLE COURT OF JUDICIAL FIRST CLASS MAGISTRATE,NEDUMKANDAM |
|
|---|---|---|
| ANNEXURE-B | TRUE COPY OF THE ORDER DATED 16.02.2012 BEARING NO GO (MS) NO.26/12/LBR ISSUED BY THE LABOUR AND REHABILITATION DEPARTMENT, GOVT. OF KERALA |
|
| ANNEXURE-C | TRUE COPY OF THE PAYMENT OF WAGES (AMENDMENT)ACT, 2017 |
|
| ANNEXURE-D | TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVT.OF KERALA DATED 09.05.2017 BEARING NO.GO (P) NO.35/2017/LBR |
|
| ANNEXURE-E | TRUE COPY OF THE NOTIFICATION DATED 14.06.2018 BEARING NO GO (P) NO.53/2018/LBR ISSUED BY THE GOVT.OF KERALA |
|
| ANNEXURE-F | TRUE COPY OF THE INSPECTION REPORT DATED 05.12.2018 BEARING NO A 259/18 ISSUED BY THE 2ND RESPONDENT |
|
| ANNEXURE-G | TRUE COPY OF THE REPLY LETTER DATED 28.10.2019 ISSUED BY THE GENERAL MANAGER-HR GROUP, WHO WAS ALSO HOLDING CHARGE OF PANNIAR ESTATE, TO THE 2ND RESPONDENT |
|
| ANNEXURE-H | TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11.04.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
|
| RESPONDENTS EXHI | BITS: | NIL |
Crl.MC.7776/2019 AND CONNECTED CASES 10
APPENDIX OF Crl.MC 7782/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEING ST NO.345/19 ON THE FILES OF THE HON'BLE COURT OF JUDICIAL FIRST CLASS MAGISTRATE,NEDUMKANDAM.
ANNEXURE B TRUE COPY OF THE ORDER DATED 16.02.2012 BEARING NO.GO(MS)NO.26/12/LBR ISSUED BY THE LABOUR & REHABILITATION DEPARTMENT,GOVT.OF KERALA
ANNEXURE C TRUE COPY OF THE PAYMENT OF WAGES(AMENDMENT)ACT 2017
ANNEXURE D TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVT.OF KERALA DATED 09.05.2017 BEARING NO.GO(P)NO.35/2017/LBR
ANNEXURE E TRUE COPY OF THE NOTIFICATION DATED 14.06.2018 BEARING NO.GO(P)NO.53/2018/LBR ISSUED BY THE GOVT.OF KERALA
ANNEXURE F TRUE COPY OF THE INSPECTION REPORT DATED 05.12.2018 BEARING NO.A 260/18 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE G TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11.04.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
ANNEXURE H TRUE COPY OF THE REPLY SUBMITTED BY THE PRESENT DEPUTY GENERAL MANAGER,SURYANELLI ESTATE,TO THE 2ND RESPONDENT DATED 17.04.2019.
RESPONDENTS EXHIBITS: NIL
Crl.MC.7776/2019 AND CONNECTED CASES 11
APPENDIX OF Crl.MC 8797/2019
PETITIONER'S/S EXHIBITS:
| ANNEXURE A | CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT UNDER SECTION 20(2) OF THE PAYMENT OF WAGES ACT, BEING ST 388/19 ON THE FILES OF THE HON'BLE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, DEVIKULAM, ALONG WITH THE WITNESS NOTES. |
|---|---|
| ANNEXURE B | TRUE COPY OF THE ORDER DATED 16.02.2012 BEARING NO.GO(MS) NO.26/12/LBR ISSUED BY THE LABOUR AND REHABILITATION DEPARTMENT, GOVT OF KERALA |
| ANNEXURE C | TRUE COPY OF THE PAYMENT OF WAGES(AMENDMENT) ACT 2017 OF THE SECRETARY OF INDIA DATED 16.02.2017. |
| ANNEXURE D | TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVT.OF KERALA DATED 09.05.2017 BEARING NO.GO(P) NO. 35/1027/LBR. |
| ANNEXURE E | TRUE COPY OF THE NOTIFICATION DATED 14.06.2018 BEARING NO. GO(P) NO.53/2018/LBR ISSUED BY THE GOVT.OF KERALA. |
| ANNEXURE F | TRUE COPY OF THE LETTER DATED 13.11.2018 ISSUED BY THE CHIEF INSPECTOR OF PLANTATIONS TO THE INSPECTOR OF PLANTATIONS, MUNNAR. |
| ANNEXURE G | TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22.11.2018 ISSUED BY THE INSPECTOR OF PLANTATIONS, MUNNAR TO THE PETITIONER |
| ANNEXURE H | TRUE COPY OF THE REPLY DATED 07.12.2018 ISSUED BY THE PETITIONER TO THE INSPECTOR OF PLANTATIONS, MUNNAR. |
| ANNEXURE I | TRUE COPY OF THE SHOW CAUSE NOTICE DATED 18.02.2019 ISSUED BY THE INSPECTOR OF PLANTATIONS, MUNNAR TO THE PETITIONER. |
| RESPONDENTS EXHI | BITS: NIL |
Crl.MC.7776/2019 AND CONNECTED CASES 12
APPENDIX OF Crl.MC 494/2020
PETITIONER'S/S EXHIBITS:
| ANNEXURE-A | CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT UNDER SECTION 20(2) OF THE PAYMENT OF WAGES ACT,BEING STC .924/19 ON THE FILES OF THE HON'BLE COURT OF CHIEF JUDICIAL MAGISTRATE, KALPETTA |
|---|---|
| ANNEXURE-B | TRUE COPY OF THE ORDER DATED 16.092.2012 BEARING NO.GO (MS) NO.26/12/LBR ISSUED BY THE LABOUR AND REHABILITATION DEPARTMENT, GOVT OF KERALA |
| ANNEXURE-C | TRUE COPY OF THE PAYMENT OF WAGES (AMENDMENT) ACT 2017 OF THE SECRETARY OF INDIA DATED 16.02.2017 |
| ANNEXURE-D | TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVT.OF KERALA DATED 09.05.2017 BEARING NO.GO (P) NO.35/2017/LBR |
| ANNEXURE-E | TRUE COPY OF THE NOTIFICATION DATED 14.06.2018 BEARING NO GO(P) NO.53/2018/LBR ISSUED BY THE GOVT. OF KERALA |
| ANNEXURE-F | TRUE COPY OF THE INSPECTION NOTE DATED 3.08.2019 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF FACTORY DIVISION, ARRAPETTA ESTATE, HARRISONS MALAYALAM LTD |
| ANNEXURE-G | TRUE COPY OF THE INSPECTOR ORDER DATED 5.8.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN RESPECT OF ARRAPETTA ESTATE |
| ANNEXURE-H | TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.10.2019 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF ARRAPETTA ESTATE TO THE PETITIONER |
| RESPONDENTS EXHI | BITS: NIL |
Crl.MC.7776/2019 AND CONNECTED CASES 13
APPENDIX OF Crl.MC 497/2020
PETITIONER'S/S EXHIBITS:
| ANNEXURE-A | CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT UNDER SECTION 20(2) OF THE PAYMENT OF WAGES ACT, BEING STC 925/19 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE, KALPETTA |
|---|---|
| ANNEXURE-B | TRUE COPY OF THE ORDER DATED 16.02.2012 BEARING NO.GO (MS) NO.26/12LBR ISSUED BY THE LABOUR AND RAHABILITATION DEPARTMENT GOVT. OF KERALA |
| ANNEXURE-C | TRUE COPY OF THE PAYMENT OF WAGES (AMENDMENT) ACT 2017 OF THE SECRETARY OF INDIAN DATED 16.02.2017 |
| ANNEXURE-D | TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVT. OF KERALA DATED 09.05.2017 BEARING NO.GO(P) NO.35/2017/LBR |
| ANNEXURE-E | TRUE COPY OF THE NOTIFICATION DATED 14.06.2018 BERING NO.GO (P) NO.53/2018/LBR ISSUED BY THE GOVT. OF KERALA |
| ANNEXURE-F | TRUE COPY OF THE INSPECTION NOTE DATED 2.8.2109 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF ATTAMALA DIVISION, SENTINEL ROCK ESTATE, HARRISON MALAYALAM LTD |
| ANNEXURE-G | TRUE COPY OF THE INSPECTOR ORDER DATED 6.8.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN RESPECT OF ATTAMALA DIVISION SENTINEL ROCK ESTATE |
| ANNEXURE-H | TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.10.2019 BEARING NO 491/19 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF ATTAMALA DIVISION,SENTINEL ROCK ESTATE TO THE PETITIONER |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY// P.A TO JUDGE
2 issues framed by the court
Whether offences under Section 20 read with Section 6 of the Payment of Wages Act, 1936 were attracted when the contested notification banning cash payment was withdrawn.
Whether the complaints filed against the accused could be quashed at the pre-cognizance stage.
Colour shows how this judgement treated each authority
Apex CourtReferred¶82
not specified
3 provisions across 2 enactments
JITHENDRA KUMAR JHA
SUNIL JOHN JOSEPH
VENKITARAMAN ANAND
JOBSY THOMAS
HARI R NAIR
ANSUMAN PATTANAIK
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
