LAWS(PAT)-2017-7-82

CHANDRA SHEKHAR NOPANI Vs. STATE OF BIHAR

Decided On July 12, 2017
Chandra Shekhar Nopani Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Ashish Giri, learned Advocate for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner seeking quashing of the order dated 04.07.2013 passed by the learned Chief Judicial Magistrate, Gopalganj in G. C. No.15 of 2013, Trial No.5192 of 2013 by which he has taken cognizance of the offence punishable under Section 29 of the Industrial Disputes Act, 1947 (for short 'the Act') and summoned the petitioner and others to face trial.

(3.) The brief facts of the case are that the sugar mills of the State of Bihar had adopted a notification issued by the State of Uttar Pradesh bearing no.1427 dated 17.12.2009, which related to minimum wages to be paid to the workers working in the sugar factories. Thus, accordingly, a settlement was arrived at on 07.04.2010 wherein a decision was taken to adopt the said notification dated 17.12.2009 and to pay the workers accordingly. The said settlement was attended by the Executive President of M/s Bharat Sugar Mills, located at Sidhwalia in the district of Gopalganj. The petitioner was not part of it.