NARESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Miscellaneous No. 2708 of 1988 (R) has been taken up along with Criminal Miscellaneous No. 3978 of 1988 (R) for disposal together. In both the cases, common arguments have been advanced by learned counsel for the petitioners and this judgment will govern both the cases.

(2.) Criminal Miscellaneous No. 2708 of 1988 (R) is directed for quashing the entire criminal proceedings and the order taking cognizance dated March 1, 1988, passed by Shri A. Ram, Judicial Magistrate, Dhanbad, who had taken cognizance of the offence against the petitioner under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970, against the petitioner for contravention of the provisions of the Bihar Contract (Regulation) Rules which is punishable under Sections 23 and 24 of the said Act. ,

(3.) Similarly, in Criminal Miscellaneous No. 3978 of 1988 (R") cognizance has been taken on March 24, 1988, against the petitioner under Rule 22 of the Payment of Wages (Mines) Rules, 1956, for not keeping the wage register at the work spot and the register in Form 'B' was not maintained. In this case, inspection was made by the complainant, Labour Enforcement Officer (Central), Chirkunda, Dhanbad, on December 17, 1987, and the complainant detected that the aforesaid two registers were not maintained as per Rule 5A of the Payment of Wages (Mines) Rules, 1956.