STATE OF J&K Vs. M/S INTERNATIONAL ENGINEERS

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner seeking quashment of the order dated 01.07.2010 passed by the learned Chief Judicial Magistrate, Leh (Ladakh), by virtue of which court below has dismissed the complaint filed by petitioner under section 22-A of Minimum Wages Act for violation of Rules 22, 26(5), 26(1), 25(2), 21(4) and 26(2) of the Minimum Wages (central) Rules, with a further prayer to direct the learned CJM to take cognizance of the complaint and to proceed with the trial.

(2.) It has been stated that the order passed by court below is not in accordance with law; the court below has refused to take cognizance of the complaint on technical ground which is not sustainable in the eyes of law. Section 22-B of the Minimum Wages Act lay down that no court shall take cognizance of any offence under this Act unless a complaint thereof has been made within six months from the date on which the offence is alleged to have been committed. However, the Magistrate has failed to appreciate that the failure on the part of the respondent to pay minimum wages to his employees in an act or omission which continues till the respondent starts paying minimum wages to his employees and adheres to the other provisions of the minimum wages act, the offence shall continue to be committed and the period of limitation shall be computed with reference to every point of time.

(3.) I have considered the contentions of learned counsel for the parties.