MAPLE HOTELS & RESORTS LTD. (FORMERLY KNOWN AS DARJEELING PLANTATION INDUSTRIES LIMITED) Vs. ASSISTANT LABOUR COMMISSIONER, PLANTATION, BIRPARA, JALPAIGURI

JUDGEMENT

(1.) The instant criminal revisional application has been filed under Section 482 of the Code of Criminal Procedure, 1973. The petitioner company seeks quashing of the proceedings being Complaint Case No. CR-138 and 139 of 2002 pending before the Learned Chief Judicial Magistrate, Jalpaiguri initiated by the Opposite Party No. 1 purportedly under Section 36 of the Plantation Labour Act, 1951 (hereinafter referred to as "the said Act ") and West Bengal Plantation Labour Rules, 1956 (hereinafter referred to as "the Rules ") framed thereunder.

(2.) The allegation in the complaint case is that the accused persons being associated with the administration of Kathalguri Tea Estate and having control over the affairs of the Tea Estate are "Employers ", in relation to that Tea Estate, have violated the provisions of Plantation Labour Act, 1951 and the West Bengal Plantation Labour Rules, 1956. According to the complaint, the petitioner have violated the W.B. Plantation (W.O.) Rules, 1979, namely:

(3.) It is alleged that the inspector under Plantation Labour Act, 1951 designated as Assistant Labour Commissioner (Plantation) found the above irregularities on January 7, 2002 when he visited the Tea Estate. Thereafter, it is alleged that the accused persons have committed the offences mentioned above and are liable to be punished under Section 36 of the Plantation Labour Act, 1951 for contravention of the provisions of the said Act and the Rules. The criminal proceedings initiated in pursuance of violation of the Rules was challenged by the petitioner and upon hearing the present petitioner this Court was pleased to pass an order of stay of all further proceedings pending before the Learned Magistrate.