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2017 (3) TMI 1890 - HC - Indian LawsMaintainability of revision petition - summoning of accused - order of intermediatory or quasi-final in nature and not interlocutory in nature - Whether the impugned orders passed by the learned Magistrate taking cognizance of the offences mentioned in the complaints filed by the Labour Department against the petitioner as an individual without making the Company, in which he is a member on Board, are maintainable? - HELD THAT:- A perusal of the complaints shows that the petitioner is arraigned as an accused in his individual capacity, although his position as a Director in the Company is mentioned. It is one thing to say that the Company is the accused represented by its Director and it is another to say that an individual being described as a Director in a particular Company satisfies the requirement of law. An individual can be a member on the Board of several Companies. Unless a Company, which is a juristic person, is arraigned as a party, the Labour Department could not have initiated prosecution only against an individual. In the circumstances, respectfully following the Authority in the case of ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT], the complaints filed by the Senior Labour Inspector qua an individual without the Corporate entity being made as a member, were not maintainable. Petition allowed.
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