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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
Reported as [2021] 11 S.C.R. 511
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 agree ment for servicing of ATMs with another company – The latter c ompany had entered into agreement with State Bank for main tenance and upkeep of all their ATMs – notice was issued to the appe llant and the head of WS company (accused no.2) by Labour Enf orcement Officer alleging non-compliance of provisions of 19 48 Act – WS company responded that they neither manage the ATMs nor work at the ATMs – Criminal complaints filed against the appel lant and the head of WS company

Authorities it was built on

Where later benches applied it

Of those, 1 relied on

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