PRANAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 29.07.2008 passed by the Chief Judicial Magistrate, Patna, in Case No.1304 (C-2/08) by which the learned Magistrate has taken cognizance against the petitioner for the offence under Section(s) 23 and 24 of the Contract Labour (Regulation & Abolition) Act, 1970 (hereinafter to be referred as "Act").

(2.) Heard Mr. Chittranjan Sinha, learned Sr. counsel for the petitioner and the learned APP for the State.

(3.) Learned counsel for the Petitioner has submitted that the petitioner was posted at the relevant time as Senior Regional Manager, Retail, Hindustan Petroleum Corporation Limited. He was not the principal employer, rather, the contract labourers were hired by the Company from Contractor. He has further submitted that various irregularities, as mentioned in the Complaint Petition, have been rectified by the Company and with respect to payment of arrear wages of one Arjun Rai, one of the complaint was that the company paid less wages as per the complaint and the Company was ordered to pay difference of wages to the workman as per Section 21 of the Act.