P.B. PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) A complaint was lodged by the Labour Enforcement Officer (Central). Ranchi. appointed an Inspector under Section 9 of the Equal Remuneration Act. 1976. alleging therein that on inspection of the Establishment known as Indian Institute of Coal Management. Ranchi it was found that Superintending Engineer (Civil)/General Manager of Indian Institute of Coal Management. Ranke. Ranchi failed to maintain register in Form - D at the place of work which is in violation of Rule 6 and hence liable to be prosecuted under Section 10 of the Remuneration Act. 1976. On such complaint case was registered as cm Case No. 202 of 1998. in which cognizance of the offence was taken under Section 10 of the Remuneration Act against the petitioner on 8.10.1998 by the then learned Judicial Magistrate 1st Class. Ranchi, which order has been challenged in this criminal application.

(2.) LEARNED counsel appearing for the petitioner submits that the Indian Institute of Coal Management, Ranchi. is an autonomous body which has been registered under the Societies Registration Act and as such the Central Government would never be an appropriate Government in terms of the provision of Equal Remuneration Act. 1976, and as such Inspector appointed by the Central Government would never be the competent to lodge a complaint for contravention of the provisions of the Equal Remuneration Act. 1976. In spite of that the learned Magistrate has taken cognizance of the offence under the Equal Remuneration Act on a complaint lodged by the Inspector appointed by the Central Government and as such order taking cognizance is quite bad.

(3.) IT be stated that the plea which has been taken on behalf of the petitioner is that the Indian Institute of Coal Management is an autonomous body has never been denied rather plea has been taken that the said establishment is registered under the Ministry of Labour. Government of India.