PURUSHOTTAM JHA Vs. STATE OF BIHAR & ANR

JUDGEMENT

(1.) This criminal miscellaneous application under Section 482 of the Code of Criminal Procedure has been filed for quashing the proceeding launched against the petitioner under Section 9 of the Equal Remuneration Act. 1976. pending in the Court of Judicial Magistrate. Ist Class. Hazaribagh, in T.R. No. 1175 of 1997 (G. Case No. 14 of 1997) and for quashing the order dated 9.8.1999, whereby the learned Magistrate has refused the prayer of the petitioner to discharge him.

(2.) Annexure-1 appended to this petition is the complaint petition filed by the Labour Enforcement Officer (Central), Koderma, under the provisions of the Equal Remuneration Act, 1976 (hereinafter referred to as the Act for short). This complaint has been filed under the aforesaid Act against a person having the following address : M/s. Zai Ma Construction, C/o Sri P.Jha, Assistant Central Manager, H.S.C.L., C.M.P.D.I., Camp, P.O. Bachra Distt. Hazaribagh. The substance of the complaint is that the person mentioned above is the Contractor and engaged in the contract work of Construction of 25 matric tonne Hard Stand by employing male and female workers at Piparwar Project of Central Coalfields Limited, Distt. Hazaribagh. Thus he is the person responsible for maintenance of records etc. for the workers employed by him as a contractor/employer.

(3.) The complainant found that the equal remuneration was not being paid for equal work, as such, he filed a complaint in the Court, in which cognizance has been taken for the offence under Section 10 of the Act.