HARI CHARAN SINGH DUGAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Criminal Procedure Code has been filed for quashing the entire criminal proceeding in M. W. Case No. 73 of 1982 and the order taking cognizance dated June 24, 1982, passed by the learned Chief Judicial Magistrate, Dhanbad.

(2.) It appears that the Labour Inspector had inspected the company of the petitioner known as M/s U.S. Dugal and Company and found that certain registers were not maintained in accordance with the requirements of the Minimum Wages Act and the Rules framed thereunder. He had given a list of registers, viz., casual labour register, destruction and loss register, excess payment register, muster roll register, etc. Thereafter, he sent reminders for production of those registers to the project manager, several times and every time he received letters for extension of time and ultimately, when those registers were not produced, he filed this case for alleged violation of Sections 18 and 19(4) of the Act and thereafter a complaint was filed and cognizance of the offence was taken and the petitioners were summoned.

(3.) Mr. M.K. Laik, learned counsel for the petitioners, submitted that the petitioners are shown as the directors of M/s U.S. Dugal and Company and there is no specific allegation that they were responsible for the conduct of the business and as such the prosecution of the petitioners is a clear misuse of the powers of the court. It was further pointed out that, in substance, the Labour Inspector had entered into several correspondence with the project manager which show that the project manager was responsible for the affairs of the company and as such he should have been prosecuted if any violation was made and not the directors who were not even present nor were responsible for the day-to-day affairs of the company.