HARI CHARAN SINGH DUGAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Cr.P.C. has been filed for quashing the entire criminal proceeding in M. W. Case No. 73 of 1982 and the order taking cognizance dated 24-6-82 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 cercain registeres were not maintained in accordance with the requirements of 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, Mustor Roll Register etc. Thereafter he sent reminders for 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 the alleged violation of Sections 19(3) 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 correspondences with the Project Manager, which shows 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.