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Supreme Court of India

Dayle De’souza v. Government of India through Deputy Chief Labour Commissioner (c) and Another

Neutral citation
Bench R. Subhash Reddy and Sanjiv Khanna JJ.
Decided 29 October 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the considered opinion that commission of offence by the company is an express condition precedent to attract the vicarious liability of others.

Judgment, page 24

From the headnote

Minimum Wages Act, 1948: s.22A, s.22C(1) and (2) – Appellant is director of WS Company which had entered into an agreement for servicing of ATMs with another company – The latter company had entered into agreement with State Bank for maintenance and upkeep of all their ATMs – notice was issued to the appellant and the head of WS company (accused no.2) by Labour Enforcement Officer alleging non-compliance of provisions of 1948 Act – WS company responded that they neither manage the ATMs nor work at the ATMs – Criminal complaints filed against the appellant and the head of WS company under…

Authorities it was built on

Where later benches applied it

Of those, 1 relied on

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