IDBI BANK LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, Mr. Chitrangan Sinha, learned senior counsel for the petitioners and Mr. Awadhesh Kuamr Pandey, the learned counsel for the Union of India.

(2.) This application, under section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 15.04.2010 passed in Complaint Case No. 467(C) of 2010, whereby the learned Chief Judicial Magistrate, Patna, took the cognizance for the offence under Sections 28(A) and Section 29 read with section 30 of the Payment of Bonus Act, 1965, against the accused - Petitioners.

(3.) The facts leading to this application are that one Niranjan Kumar, Labour Enforcement Officer (C), Patna-II, filed the Complaint Case No. 467(C) of 2010 against the I.D.B.I. Bank Ltd. and its Official Chairman-cum-Managing Director and branch head of Main Branch, Uma Complex, Fraser Road, Patna, to the effect the I.D.B.I. Bank Ltd. was engaged in banking and 40 employees were engaged in the said bank at Main Branch, Uma Complex, Fraser Road, Patna, which is a banking company, within the meaning of section 5(C) of the Banking Regulation Act, 1949 with effect from 01.10.2004 and is notified as a Scheduled Bank by the Reserve Bank of India under RBI Act, 1934 with effect from 30.09.2004 and also recognized as "Other Public Sector Bank". As such, in terms of section 1 of the Payment of Bonus Act 1965 and Central Rules made thereunder, the Act is applicable to the establishment of the IDBI Bank Ltd., Patna. The complainant being the Inspector, inspected the establishment of IDBI Bank Ltd., Main Branch, Uma Complex, Fraser Road, Patna, on 16.04.2009 and observed two following irregularities:-