METROGRAPH COMPANY PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned counsel for the respondents.

(2.) THE petitioners have challenged the entire criminal proceeding initiated against them by virtue of complaint petition filed by the Labour Superintendent, Deoghar (Respondent No. 2), as contained in Annexure -6, on the basis of which, T.R. Case No. 867 of 1997 was instituted against the accused persons, and cognizance was taken u/s 22 B of the Minimum Wages Act, 1948 (herein after referred to as the 'Act') by order dated 21.4.1997, as contained in Annexure 8.

(3.) LEARNED counsel for the petitioners has submitted that the impugned action taken by the respondent no. 2 is absolutely illegal, inasmuch as it is no where mentioned in the entire complaint petition, whether the employers were engaging employees in any 'Schedule Employment' in respect of which minimum rates of wages have been fixed under the Minimum Wages Act. It has also been submitted that even the accused/petitioner no. 2 has been arrayed being the Managing Director of the Company but it is not stated that under what capacity, the other petitioners have been made accused, though they were the Directors in the Company. This apart, it is no where mentioned that the petitioners Nos.2 to 6 were either in charge of or were responsible to the Company for the conduct of the business of the Company. Learned counsel further submitted that in absence of necessary details, cognizance could not be taken by the Court below.