SANJIB GUPTA AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called as "the Code") to quash the order dated 12.08.2002 of taking cognizance of offence under Section 92 of the Factories Act, 1948 (hereinafter called as "the Act") passed by the learned Sub-Divisional Judicial Magistrate, Khurda in 2(c) C.C.26/2002 and issuance of process against the present petitioners and the order dated 16.04.2003 passed by the said Court in rejecting the petition filed by the petitioners to recall the order dated 12.08.2002.

(2.) Mr.R.K.Rath, learned Senior Advocate for the petitioners submits that the petitioners are employees of Hindustan Coca-Cola Beverages Private Limited situated at Khurda and they are in helm of the affairs of the factory. According to him, the Inspector of Factories and Boilers made check-up inspection on 24.06.2002 and found the following defects and accordingly issued notice to remove the said defects on 31.07.200

(3.) The leave with wages register in respect of contract workers (other than security persons) for the year 2001 and the leave with wages register in respect of the security persons for the years 2000, 2001 or 2002 were not produced on demand violating rules 88 of Orissa Factories Rule, 1950 for which Manager is liable. A report of inspection was prepared on the spot and the signature of Mr.G.Kumar, Manager was obtained on it."