MALAY GHOSH Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Union of India.

(2.) This writ application has been filed for quashing of the entire criminal proceeding of a case bearing CLA No. 32 of 2009 (trial No. 1216 of 2009) including the order dated 1.7.2009 passed by learned Additional Chief Judicial Magistrate, Bermo at Tenughat whereby and where- under cognizance of the offence under Section 10(1)(a) of the Equal Remuneration Act, 1976 (hereinafter referred to as the Act'} has been taken against the petitioner.

(3.) The facts leading to this case are that the complainant-Labour Enforcement Officer (Central) Dhanbad, respondent No. 2 being an Inspector appointed under Section 9(1) of the Act made an inspection of the establishment, Reliance Life Insurance Company Limited, Phushro, P.S. Bermo, Dist. Bokaro on 24.7.2008. and found 12 male and 2 female being employed by the Company but register in Form-D had not been maintained and as such, there was contravention of Section 8 of the Act read with Rule 6 framed under the Act. Thereupon notice to show cause along with inspection report was issued to the accused persons calling upon them to comply the provision of the Act and Rules and to report compliance to the Regional Labour Commissioner (Central) Dhanbad. Pursuant to that, compliance report was submitted intimating therein that whatever irregularities were found, those have been rectified. Upon it, accused persons were asked to produce relevant record but they did not file any such record. Under that situation, prosecution report was lodged by Labour Enforcement Officer (Central) alleging therein that the accused persons by contravening the provision of Section 8 of the Act read with Rule 6 has made himself liable to be punished under Section 10(l)(a) of the Act. On receiving prosecution report, learned Additional Chief Judicial Magistrate, Bermo at Tenughat took cognizance of the offence on 1.7.2009 under Section 10(1)(a) of the Act and summoned them to face trial.