STATE OF MADHYA PRADESH Vs. D V PARKHANI

JUDGEMENT

(1.) THIS order shall dispose of Revision No. 82 of 1962. (State v. D. V. Parkhani and others) also.

(2.) THE accused in all these cases were prosecuted before the Magistrate First class, Chhindwara, on complaints filed by the Labour Inspector. They were charged with having committed breach of para. 9 Clause (2) and para. 10 of the coal Mines Bonus Scheme) hereinafter called "the Scheme". The said breach is punishable under para. 12 (1) (a) and 12 (2) of the Scheme. The accused were convicted by the trial Court under both the counts and were sentenced to pay a fine of Rs. 30/- and Rs. 20/- respectively for the offences specified. The Additional sessions Judge, Chhindwara has made a reference to this Court under Section 438 of the Code of Criminal Procedure recommending that the sentences should be quashed.

(3.) THE non-applicants in all these cases are the Directors of limited-liability companies owning coal mines. It is not disputed that they failed to pay bonus in respect of some quarterly periods to their employees who were entitled to get it within two months from the last day of the quarter, under para. 9 (2) of the scheme. Further, they did not submit Returns, as required by para. 10 of the scheme, within the period of one month from the last date by which the bonus in question was required to be paid under the provisions of para. 9 of the Scheme, to the Regional Labour Commissioner.