BHARAT SANCHAR NIGAM LIMITED Vs. P S KARMASE

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure has been filed for quashing of the criminal proceedings bearing Sessions Case no.340 of 2009 pending in the Court of JMFC, Roha.

(2.) The State through its Labour Enforcement Officer (Central) Government of India filed a complaint against Bharat Sanchar Nigam Limited (for short "the BSNL") under section 22 A of the Minimum Wages Act 1948. The various Infringement of the Minimum Wages Act alleged to have been committed by the BSNL are listed in the complaint as follows:

(3.) Learned counsel for the applicant submitted that the complaint has been filed because two persons who were engaged for day to day work of cable laying, digging, line fault under the Nagothane Telephone Exchange were not shown as employees of the BSNL and Minimum Wages were not paid to them. According to the complainant, the said two persons were not the employees of BSNL but they were engaged on a piece rate and therefore their names were not shown on the muster roll nor was minimum wages paid to them but they were paid an amount as per the "piece rate" agreed between them and the BSNL. He further submitted that the issue whether they were the workmen or not is pending before the competent authority under the Minimum Wages Act and therefore till the decision of the competent authority, no prosecution can be instituted. I am unable to agree for the reasons indicated below: