SACHIN KUMAR TULSIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who is proprietor of M/S Sachin Hardware Stores, Loha Dukan , Mahavir Chowk, Saharsa, has approached this Court with a prayer to quash an order dated 13.05.2002 passed by the learned Chief Judicial Magistrate, Saharsa in Misc.Case No. 74 of 2002 . By the said order, the learned Chief Judicial Magistrate has taken cognizance under Section 22A of the Minimum Wages Act, 1948.

(2.) Short fact of the case is that on 25.9.2001, an inspection was conducted by the Labour Superintendent-cum-Inspecting Officer , Minimum Wages Act and it was found that several provisions of the Minimum Wages Act were violated by the petitioner. Thereafter, a complaint was filed on 30.3.2002 alleging therein that the petitioner had committed an offence punishable under Section 22 A of the Minimum Wages Act. Since it was an official complaint, the learned Chief Judicial Magistrate by its order dated 13.5.2002 took cognizance of offence under Section 22A of the Minimum Wages Act.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition, which was admitted on 26.2.2004. While admitting, it was directed that pending disposal of this application, interim order dated 6.5. 2003 shall continue. The order of stay is still continuing.