UPENDRA NAYAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this petition the petitioners pray to quash the proceeding in G. O. No. 2 of 1984 (State v. Upendra Nayak and another) of the court of the Chief Judicial Magistrate, Samastipur, in which on a complaint filed by the Labour Inspector-cum-Minimum Wages Inspector. Samastipur, cognizance has been taken against the petitioners for having allegedly violating the provisions of Minimum Wages Act, 1948.

(2.) The facts are short and simple. An allegation was made by one R. C. Ram, Labour Superintendent-cum-Inspector under the Minimum Wages Act, 1948 to the effect that in afternoon of 3rd August, 1983, he inspected Nayak Automobiles Petrol Pump at village Musari Gharari, Police Station Gharari District Samastipur, during which he found four workers performing their duties but when their muster roll, payment of salary, register and wage slip were demanded they were not produced and thus there has been violation of Rules 26 (1), 26(2) and 26 (5) of the Bihar Mini uum Wages Rules read with the Act, and even through he asked for production of aforementioned documents on 20th August, 1983 before him, those documents even then were not produced nor was any show cause filed by the accused persons and it is thus clear that they had deliberately violated the law and thus cognizance under Section 22 (A) of the Minimum Wages Act be taken against them, who are partners of Naik Automobiles aforesaid and severe sentence be awarded to them-

(3.) It appears from the order dated 2-1-1984 that the learned Chief Judicial Magistrate took cognizance as prayed for and transferred the case to the court of the Sub-divisional Judicial Magistrate.