B SAMANTA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) These writ applications have been filed by the petitioners under Articles 226 and 227 of the Constitution of India for quashing criminal proceedings launched against them for alleged contravention of certain provisions of the Payment of Bonus Act, 1965 (hereinafter referred to as the "Act" and of the Payment of Bonus Rules, 1965 (hereinafter referred to as the "Rules").

(2.) The Labour Enforcement Officer (Central), Kodarma (hereinafter referred to as the "Enforcement Officer" inspected different mines belonging to petitioner No. I in Cr. W.J.C. Nos. 105 and 106 of 1975 and petitioner No. 2 in Cr. W.J.C. Nos. 93, 102, 103 and 104 of 1975, on different dates between the 18th January, 1972, and the 4th February, 1972, and noticed three irregularities in the mines concerned, namely:

(3.) Cr. W.J.C. Nos. 93 and 102 relate to Bhuti Mica Mines for the accounting years ending on the 30th June, 1969 and 30th June, 1970. Cr. W.J.C. No. 103 relates to Kari No. 2 Mica Mines, Pit No. 2, for the accounting year ending on 30th June, 1970. Cr. W.J.C. No. 104 relates to No. 8 Mica Mines for the accounting year ending on the 30th June, 1970 Cr. W.J.C. Nos. 105 and 106 relate to Kami a Mica Mines and the relevant accounting years are years ending, respectively, on the 31st December, 1969 and the 31st December, 1970.