An order has been passed by the authority under Delhi Shops and establishment act. Kindly through some light as to whether that order is appealable or not , if yes then which appellate authority.
Regards
Jeevesh Mehta (Advocate ) 05 October 2012
An order has been passed by the authority under Delhi Shops and establishment act. Kindly through some light as to whether that order is appealable or not , if yes then which appellate authority.
Regards
Kumar Doab (FIN) 06 October 2012
Upon plain reading of the SE Act Delhi:
40. Penalties:
(e) Appeal
Any person convicted of an offence for a contravention of any provisions of this Act by a
Magistrate of First Class may appeal to the Court of Sessions (section 408 of Cr. P.C.). But no
appeal shall lie where a trial is commenced before a Magistrate of First Class and the person
convicted of an offence under this Act is sentenced by such Magistrate to fine not exceeding fifty
rupees only (section 413 of Cr. P.C.), or is tried summarily by such Magistrate and sentenced to
fine not exceeding two hundred rupees only (section 414 of Cr. P.C.). Where, however, an
accused person has pleaded guilty and has been sentenced by a Magistrate of First Class on
such plea, for any contravention of the provisions of this Act, there shall be no appeal except as
to the extent or legality of the sentence (section 412 of Cr. P.C.).
You may obtain latest version of the Act from Dept. of labor Delhi or market and relate. You may go thru the offense, the order passed and check in the Act for provisions of appeal.