STATE BANK OF PATIALA Vs. STATE AND ANOTHER

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the complaint No. 13905 dated 27.9.2007 (Annexure P -1) under Section 10 of the Equal Remuneration Act, 1976 ('Act' for short) and all the subsequent proceedings arising therefrom including the summoning order dated 27.9.2007 (Annexure P -2) Learned counsel for the petitioner has submitted that the complainant has treated the Branch Manager, State Bank of Paitala, Sector 38 -C, Chandigarh as an employer. In fact, the registers are to be maintained by the head office and not by each branch office of the bank under Equal Remuneration Rules. Learned counsel has placed reliance on decision of this Court in Criminal Miscellaneous No. M -45123 of 2007 (Annexure P -5).

(2.) LEARNED counsel for the respondent, on the other hand, has submitted that the complainant by issuing notice had asked the petitioner to submit the necessary information. Instead of doing that petitioner had sought quashing of the complaint.

(3.) THE case of the petitioner is clearly covered by the decision of this Court reproduced above. Accordingly, this petition is allowed. Criminal complaint No. 13905 dated 27.9.2007 (Annexure P -1) under Section 10 of the Act, and the summoning order dated 27.9.2007 (Annexure P -2), are set aside. Complainant would be at liberty to file a fresh petition in case it comes to the conclusion that relevant records were not being maintained by the head office.