RELIANCE TELECOM LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Yadu Vansh Giri, learned senior counsel appearing for the petitioners, Mr. Lala Kailash Bihari Pd, learned senior advocate for the State and Mr. Alok Kumar Sinha, learned counsel appearing for the complainant.

(2.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceeding in Complaint Case No. 1084(M)/1999 filed by respondent no. 2, the Labour Superintendent and Inspector, in the Office of Deputy Labour Commissioner, Patna pending in the Court of Chief Judicial Magistrate, Patna and also for quashing the order of cognisance dated August 5, 1999

(3.) IN view of aforesaid factual and legal position there is no difficulty in holding that petitioners are not covered by the schedule as they are exempted from the Shops and Establishments Act, 1953. Even if they be deemed to be covered by the schedule as shops or establishments other than that covered under any of the other entries in the schedule, in the absence of any notification fixing minimum wages for such shops or establishments i.e., other than those registered under the Shops and Establishments' Act 1953, the petitioners cannot be prosecuted for not complying with the provisions of the Act.