BISHNU KUMAR SUREKA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State.

(2.) The present application has been filed for quashing the order dated 07.12010 passed by the learned Chief Judicial Magistrate, Gopalganj taking cognizance against the petitioner in G.C. Case No. 12 of 2010 under Sec. 22(a) and 22(A) of the Minimum Wages Act, 1948 (hereinafter referred to as 'the Act') for the alleged violation of Sec. 12(1) and Sec. 18 of the said Act. The allegation against the petitioner is of not making the minimum wage payment to the employees of M/s Bharat Sugar Mills Ltd., Sidhwalia.

(3.) Mr. Ashish Giri, learned counsel appearing for the petitioner refers to the complaint filed by the Labour Enforcement Officer, Barauli, Incharge, Sidhwalia dated 07.12.2010. It was found in course of inspection carried out on 07.12.2010 that the petitioner being the Executive President of M/s Bharat Sugar Mills Ltd., Sidhwalia had been making payment below the minimum wages and proper registers were not maintained and for payment of short wages, claim letter had been filed on 24.05.2010 before the Circle Officer, Sidhwalia. It is therefore, alleged in the complaint that default under Sec. 12 (1) and Sec. 18 of the Act had been committed by the petitioner.