ANCHAL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 19.01.2009 passed by learned Chief Judicial Magistrate, Ranchi in Case No. C III 21 of 2009 whereby and where under, he took cognizance of the offence under Section 22(A) of the Minimum Wages Act 1948.

(2.) Shri Manoj Tandon, learned counsel appearing for the petitioner submits that for the same charge, petitioner has been exonerated by the Assistant Labour Commissioner, Ranchi vide order dated 25.03.2009 (Annexure - 3). Therefore, the present complaint case is liable to be quashed in view of the decision of the Hon'ble Supreme Court in the case of P. S. Rajya Vs. State of Bihar, 1996 9 SCC 1.

(3.) On the other hand, Mr. Shekhar Sinha, learned counsel appearing for the State submits that the ratio of the aforesaid decision will not apply in this case, because the allegations made in the complaint petition is different from the allegations enquired by the Assistant Labour Commissioner, Ranchi. He also submits that it is clear from the Annexure 1 that the petitioner had violated various provisions of Minimum Wages Act and Rules, therefore, offence under Section 22A of the Minimum Wages Act made out against the petitioners. He submits that from perusal of the Annexure 3, it is clear that a complaint filed before the Assistant Labour Commissioner, Ranchi for non-payment of minimum wages to the different employees. Thus, the subject matter of enquiry is different from the present complaint case.