RESHMI AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have come to this Court under Section 482 of the Code of Criminal Procedure against the order, dated 5-2-1982 by which the learned S. D. J. M, Kodarma, has taken cognizance of the offence under Section 22-A of the Minimum Wages Act in Case No. G. 25/82.

(2.) On 29-12-1981 Ram Chandra Choudhary. Labour Inspector filed a complaint before the learned S. D. J. M. on the prescribed form under the Act saying that on 11-11-1981 at about 12.45 noon he inspected M/s. Gawan Mica Mining Co. Ltd., omchach, and found that the registers were not maintained in accordance with the provisions as contained in Section 18 of the Act by not mentioning fines deductions and employees payments ; the details of which have been given in the complaint in column 8, It is further stated therein that after the inspection, letter No. 3631 dated 25-) 1-1981 was issued to remove the irregularities found during inspection, but the accused did not produce the registers nor filed any show cause by the said date nor sent 'any information in this behalf thus the accused have violated the provisions of Section 18 of Minimum Wages Act, 1948 read with rules 21 (4), 25 (2) and 26 (2) of the Rules, 1951 framed thereunder.

(3.) The learned S. O. J. M. on getting the report passed the impugned order dated 5-2-1982 taking cognizance of the offence under Section 22-A of the said Act, against which the petitioners have come to this Court.