PROJECT MANAGER M/S BHARAT HEAVY ELECTRICAL LIMITED Vs. STATE OF HIMACHAL PRADESH THROUGH SECY. LABOUR AND EMPLOYMENT

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed for quashing summoning order dated 29.9.2010, order dated 24.9.2011 fixing the case for putting notice of accusation and criminal proceedings in Case S. Act No. 84-III/2010 pending in the Court of learned Judicial Magistrate 1st Class, Joginder Nagar.

(2.) THE pleaded case of the petitioner is that respondent No.2 had filed a complaint against petitioner alleging that R.P.Rana, Labour Officer, Mandi Zone, inspected UHL Stage-III HEP, Chullah on 28.1.2010 at 1.30 p.m. under the Minimum Wages Act, 1948 (for short 'Act') and the H.P.Minimum Wages Rules, 1978 (for short 'Rules'). THE Labour Officer found that the petitioner had employed 18 workers. It has been alleged that the contractor did not maintain workers record/register. THE contractor did not produce for inspection of the record/register on demand of the Labour Officer. THE wage slips were not issued to the workers. THE abstracts of the Act and Rules were not displayed nor names of inspecting authorities were displayed. THE Labour Officer had issued notice dated 1.2.2010 but the employer failed to comply the Act and the Rules. THE complainant is authorized by the Labour Commissioner, H.P. to lodge the complaint. THE complaint has been filed under Section 18 (2) (3) of the Act. THE petitioner has been made accused in the case.

(3.) THE Act does not provide inspection by the Labour Officer. THE Inspector has been authorized to inspect the work site under Section 19 of the Act. R.P.Rana, Labour Officer, Mandi Zone had no authority to inspect the work site. THE alleged inspection carried out by R.P.Rana, Labour Officer was illegal. In addition, no Inspector has been empowered to inspect the work site in terms of Section 19 of the Act. THE alleged inspection carried out by R.P.Rana was against the Act.