MANTEC CONSULTANT PVT LTD Vs. STATE

JUDGEMENT

(1.) By the present petition, the Petitioner seeks setting aside of the order dated 28 th July, 2010 passed by learned Metropolitan Magistrate summoning the Petitioner company for offence under Section 22 (A) of Minimum Wages Act (hereinafter referred to as M.W. Act ) and quashing of the criminal complaint No. 15/10/MW titled as MW vs. Mantec Consultant Pvt. Ltd. filed before the learned Metropolitan Magistrate.

(2.) Learned counsel for the Petitioner contends that the impugned order summoning the Petitioner company is bad in law. It is contended that provisions of Minimum Wages Act are not applicable to the Petitioner Company. The Petitioner Company is neither a scheduled employment nor governed by Delhi Shops & Establishment Act. The company is incorporated under the companies Act and governed by the provisions of the Companies Act, 1956. Furthermore the Petitioner is a consultancy company having no factory but a call centre registered under STPI. Learned counsel further stated that present complaint is filed with malafide intentions to harass the Petitioner. Before the Dy. Labour Commissioner (South) the Petitioner was present but Sachin Sharma (Workman) absented himself all the time. Thus, the proceedings before the Dy. Labour Commissioner due to workman being not present could not be proceeded further and the same were closed with liberty to workman to reopen the same. Despite the attitude of the workman, Respondent No. 2 filed a false and illegal criminal complaint against the Petitioner based on the complaint filed by the workman Sachin Sharma. Summons issued to the Petitioner are in contravention to the provisions of Section 204(3) Cr.P.C. as the summons issued were not accompanied by the copy of the complaint.

(3.) Per contra, learned counsel for the Respondent No.2 states that the present petition is an abuse of process of law. Respondent No.2 after verifying the facts of the complaint and giving ample opportunity to the Petitioner has filed the criminal complaint before the learned Metropolitan Magistrate. The Petitioner Company falls within the ambit of Delhi Shops and establishment Act to which the new minimum rates of wages in Delhi is applicable. Merely its incorporation under the Companies Act does not take it out of the ambit of the Delhi Shops and Establishment Act. Thus the present Petition has no merit and is liable to be dismissed.