STATE OF GUJARAT Vs. SANKHESWAR JAIN AGAM MANDIR

JUDGEMENT

(1.) This petition by the State of Gujarat and the Goverment Labour Inspector under Art. 227 of the Constitution of India, is directed against the common judgment and order of the learned Sessions Judge, Mehsana, in Criminal Revision Application Nos. 115 of 1992 and 116 of 1992 whereby the learned Judge was pleased to hold that the complaint filed by the Labour Inspector under Sec. 22-A of the Minimum Wages Act, 1948, was barred by limitation, and as a consequence to set aside the order passed by the learned J.M.F.C., Harij, below application Exh. 18 in Criminal Case No. 177 of 1991.

(2.) The Government Labour Inspector, the petitioner No. 2 herein, filed a complaint against Shri Shankeshwar Jain Agam Mandir which is a Public Trust, and its Chairman Kanubhai Chimanlal Shah, under Sec. 22-A of the Minimum Wages Act, 1948, hereinafter referred to as the 'Act', for violation of Rules 26A, 21(4) and 26-D of the Gujarat Minimum Wages Rules, 1961, made under Sec. 39 of the Minimum Wages Act, 1948. This complaint was registered as Criminal Case No. 177 of 1991. It was alleged that when the Minimum Wages Inspector visited the institution on 5-12-1990 it was found that Inspector's visit book prescribed under the Minimum Wages Act was not maintained, as per Rule 26A; that the Annual return prescribed in Form No. 3 was not maintained as per Rule 21(4), and the Wages Register, Master Roll and Over-time Register subsequent to April, 1990 were not produced even though called upon, under Rule 26-D of the aforesaid Rules. The competent officer, namely, the Assistant Commissioner sanctioned prosecution on 5-4-1991. The complaint came to be filed on 27-5-1991.

(3.) The Advocate for the respondent-accused submitted an application Exh. 18 on 12-3-1992 for dismissing the complaint and discharging the accused on two grounds : (i) That the complaint was not filed within six months as provided under Sec. 22B(2)(b) of the Act; and (ii)The complaint was not filed within one month after the grant of sanction as required under Sec. 22-B(2)(a) of the Act.