RAMANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the cases arise out of Complaint Case No. 329 C2 of 1990 end similar questions are involved. They have been heard together and are being disposed of by this order.

(2.) IN both the cases prayer has been made for quashing of the entire proceedings including the order dated 5.10.1990 passed by the Additional Chief Judicial Magistrate, Danapur in case no. 329 C2 of 199 -0 whereby cognizance for the offence under sections 32 and 34 of the Bihar Shops and Establishment Act, has been taken.

(3.) THE Assistant Labour Commissioner -cum -Inspecting Officer filled a complaint petition before the Additional Chief Judicial Magistrate, Danapur, Stating therein that he inspected M/s Bata shoe Company Ltd. Unit Bata India Ltd Digha, Patna of 12.1.1990 Shri Suresh Gogte, Personnel Manager, unit Bata India Ltd. Bata Ganj informed that in the establishment 36 casual labourers, 22 sweepers, 25 Guards, 1 doctor and 4 compounders were working. Besides as above in the above in the Club 5 staff, 1 Gardner and the Administrative Sections 3 and in the Accounts section 16 persons were employed. He also stated that register with regard to Number of employees for loading and unloading would be produced on the dated fixed for inspection. On his request he fixed 22.1.1990 for inspection. Accordingly, he vide letter dated 7.2.1290, directed to produce the registers and other documents for inspection on 12.2.1990, the details of which have been mentioned in the complaint petition. Information was also given to the Chairman and the Managing Director for compliance of the directions. On the date fixed Shri Suresh Gogte filed a petition for time for production of the said documents. Accordingly, 5.3.1990 was fixed for production of those documents. On that date no body appeared on behalf of the establishment. However, Sri Gogate met him and requested to come on 27.3.1990 in the factory for inspection of those documents. He went to the factory at about 11 A.M. but on the petition of Sri Gogte 29.3.1990 was fixed for inspection. On that date due to non appearance he vide letter dated 5.4.1990 directed to produce all the documents for inspection on 12.4.1990 at 2.30 P.M. a copy of which was also sent to the chairman and the Managing Director. On 12.4.1990 and 24.4.1990 Sri Gogte showed his inability to produce the documents and requested for fixing another date. Accordingly, 2.5.1990 at 2.30 P.M. was the date fixed for inspection of the documents. However, the direction was not complied with till 31.7.1990 and accordingly he visited the establishment on 1.8.1990 for inspection. On that very time Sri Gogte and Nawal Kishore factory labour and welfare officer, were present. Sri Gogte said that he is going High Court and from there he will go to the Deputy Labour Commissioner and thereafter he will appear before him but he did not appear before him. Thereafter, vide letter dated 13.3.1990 directed the Chairman and the Manag -Director for compliance of the direction on 22.8.1990 but the direction was not complied with. They evaded to comply the direction without any cogent reason only with a view to get the cases time barred and to conceal the exploitation of casual labourers and other employees who have been engaged for work of the establishment.