P K BAHAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- This is an application under S. 482 of the Code of Criminal Procedure preferred by P. K. Bahal, the then Senior Divisional Manager, Life Insurance Corporation of India ('Corporation', in short) at Patna for quashing order dated 3-7-1995 recorded by the Chief Judicial Magistrate, Patna in Complaint Case No. 666/M/95 whereby and whereunder cognizance of offence was taken under S. 10 of the Equal Remuneration Act, 1976 ("1976 Act", in short) as also to quash the entire complaint case.

(2.) The facts, in brief, are that vide Annexure-1 the Labour Enforcement Officer, (Central),Patna forwarded complaint under S. 10 of the 1976 Act stating therein that the 1976 Act and Rules made thereunder were applicable to the accused and his establishment, but on inspection held on 4-7-1994 it was found that the petitioner had failed to maintain the register in Form-D in contravention of S. 8 of the 1976 Act read with Rule 6 of the Rules made thereunder.

(3.) The main point, as argued by learned counsel for the petitioner which has come up for decision of this Court, is whether the petitioner being the Senior Divisional Manager, could have been made accused in this case, he not being an 'employer' within meaning of S. 10 of the 1976 Act. Another argument was that the complainant, the Labour Enforcement Officer (Central) was not authorized to file the complaint within the meaning of S. 12 of 1976 Act but this argument was not subsequently pressed in view of the Notification issued by the Government of India in the Ministry of Labour dated 26-12-1989 bearing S.O. No. 143 under which the Labour Enforcement Officers (Central) were authorized to file complaint in the Courts in respect of offences under S. 10 of the 1976 Act.