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2017 (4) TMI 1110 - HC - Indian LawsComplains under the provisions of the Payment of Bonus Act, 1965 - Held that: - Provisions of the Act of 1965 are not applicable to the applicant no.1-Trust as it is not established for the purpose of profit making activity and the object of the Trust is for charitable purposes, therefore the impugned complaints are nothing but abuse of process of the Court and therefore in the interest of justice, the same are required to be quashed and set aside. At this stage, it is also required to be noted that respondent no.2 has issued the show cause notice to the applicants alleging that the applicants have violated the provisions of the Act of 1965 and the Rules framed thereunder and therefore asked the applicants-accused to show cause as to why the proceedings under the Act of 1965 should not be initiated against them. In response to the said show cause notice, the applicants filed reply dated 13.8.1996 wherein it was specifically pointed out that the applicant no.1-Trust is charitable Trust and is not incorporated for profit making activity and by referring to the provisions of Section 32(v)(c) of the Act of 1965, it was submitted that the provisions of the Act of 1965 are not applicable to the said Trust. In spite of such reply, the complainant has filed the impugned complaints by not disclosing the issuance of the show cause notice and the reply submitted thereto by the applicants. Thus, in the opinion of this Court, this is nothing but suppression of material fact and therefore the learned Judicial Magistrate has issued summons against the applicants. Thus, on this ground also, the impugned complaints are required to be quashed and set aside.
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