In Brief
Dayle De'Souza, a director of M/s. Writer Safeguard Pvt. Ltd., was prosecuted by labour authorities for alleged non-compliance with minimum wages rules at an ATM site. The company itself was not made an accused. The Supreme Court held that prosecution cannot proceed against a director alone without the company being arraigned as an accused, since vicarious liability under Section 22C of the Minimum Wages Act presupposes the company committed the offence. Further, the complaint lacked specific averments that the director was 'in-charge of and responsible for' the business, and the Magistrate mechanically issued summons without applying its mind. The Court allowed the appeal and quashed proceedings, emphasizing that authorities must exercise prosecutorial discretion judicially, balancing law enforcement with fairness to the accused.">
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