AJAY BANSAL Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner herein is facing prosecution for violation of Section 22-A of the Minimum Wages Act (in short 'the Act') initiated on the basis of complaint filed by the Minimum Wage Inspector, Office of the Assistant Labour Commissioner, Delhi (hereinafter referred to as 'the Inspector'), alleging that the petitioner is not paying the minimum wages to his employees and he has thereby committed the offence under the aforesaid provisions of the Act. It is alleged in the complaint that the complainant inspected the petrol pump of the petitioner on 22.3.2001 where he found 10 workers employed by the petitioner and further that the petitioner did not show any record or documents which the petitioner is supposed to keep under the provisions of the Act and the rules framed thereunder.

(2.) On this complaint the learned MM passed summoning orders dated 3.7.2001 after dispensing with the examination of the complainant under Section 200 of the Cr.P.C. The petitioner appeared but filed the application under Section 203/204 of the Cr.P.C. praying for dropping of the proceedings against him and dismissal of the complaint on the ground that the establishment of the petitioner was not covered by the provisions of the Act and therefore, the Inspector had no power/authority under the law to summon the record or file of the complainant and prosecute the petitioner. This application was dismissed by the learned MM vide his order dated 19.10.2002. Feeling aggrieved, present petition is filed under Section 482 of the Cr.P.C.

(3.) The petitioner does not dispute that he is the proprietor of the petrol pump which he runs under the trading name "M/s. Image Filling Station". His entire case is that the establishment, namely, the petrol pump is not covered by the provisions of the Act and, therefore, the provisions of the said Act are not applicable to a petrol pump, not being a 'scheduled employment' under the said Act since there is no notification adding to the schedule to the Minimum Wages Act, a petrol pump.