JUDGEMENT
ARAVIND KUMAR,J. -
(1.)These two petitions are presented by the Divisional Controller, Karnataka State Road Transport Corporation, who has been arraigned as accused No.1 in C.C. Nos. 886/2011 and 887/2011. Proceedings have been initiated on the basis of the complaint filed under Section 22-B of the Minimum Wages Act, 1948, alleging thereunder that accused persons had committed the offence punishable under Section 22-B of the Minimum Wages Act, 1948, viz., accused have failed to maintain prescribed Registers, Salary Slips and other prescribed documents as prescribed under the Minimum Wages (Central Rules) 1951.
(2.)After having heard the learned counsel appearing for petitioner Sri. B.L. Sanjeev and Sri. Sandesh Chouta, learned Special Public Prosecutor, appearing for the State, records disclose that petitioner had entered into an agreement with M/s. Cosmopolitan Industrial Security and Detective Services Private Limited and M/s. Sri Laxmi Enterprises, for the purpose of providing security and house keeping respectively at the bus station at Chikmagalur. Under the said agreements, second party therein, viz., outsourced agencies were required to comply with the statutory requirements, viz., maintenance, up-keeping and production of the Registers as prescribed under the Minimum Wages Act, apart from other statutory liabilities arising thereunder and as agreed to thereunder.
(3.)Senior Labour Inspector, Chikmagalur, after having visited the premises of the accused persons found that said registers were not duly maintained by the accused persons. In other words, it has been alleged in the complaint lodged before the jurisdictional Magistrate that accused No.1 as the principal employer is also vicariously liable for non maintenance of said registers by Accused 2 and 3.
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