RELIANCE TELECOM PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for the State and learned counsel for O.P. No. 2, Labour Superintendent and Inspector under the Bihar Shops and Establishments Act. Petitioner no. 1 is a Company under the Company Act, 1956. Petitioner no. 2 is head of Bihar Circle of the said Company which is carrying on business of providing cellular telephone service in the State of Bihar pursuant to a license granted by Department of Telecommunications, Government of India, New Delhi under the provisions of the Indian Telegraph Act, 1885.

(2.) THE petitioners have prayed for quashing the proceeding in Complaint Case No. 1085(M)/1999 filed by O.P. No. 2 in the Court of Chief Judicial Magistrate, Patna and also for quashing the order of cognizance dated 5.8.1999 for offence under Section 34 of the Bihar Shops and Establishments Act, 1953 (hereinafter referred to as the 'Act').

(3.) IN view of the aforesaid discussion and finding it has to be held that the petitioner-company, in view of nature of its business and operations in Bihar, is entitled to the benefit of entry no. 4 of Schedule-1 of the Act and is exempted from the provisions of the Act by virtue of Section 4(2) of the Act which provides for exceptions. Hence, the case of the petitioners is found to have merit. The prayer made in this application is allowed, the entire criminal proceeding against the petitioners as well as impugned order of cognizance passed by learned Chief Judicial Magistrate are hereby quashed.