REDDY VEERANNA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) . Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of GOCR case No. 25 of 2011 including the order dated 13.10.2011 whereby anr whereunder cognizance of the offence punishable under section 22(A) of the Minimum Wages Act has been taken against the petitioner and others.

(2.) THE case of the complainant as it appears from the complaint petition in that when the opposite party No. 2, Labour Enforcement Officer -cum -Inspector of Minimum Wages, Sundarpahari made an inspection at the works site, the work was being executed by a company known as M/s. Reddy Veerana Construction Pvt. Ltd. to which this petitioner is the Managing Director. It was found that less wages are being given to its workers who were executing the work. The spot registers showing payment of the minimum wages to the workers and also the wage slips were not found there. At the same time, they had not maintained the attendance register which were in violation of Rule 26(1), Rule 26(2) and Rule 26(5) of the Minimum Wages Rules punishable under section 14(1) of the Minimum Wages Act.

(3.) MR . Majumdar, learned Sr. Counsel appearing for the petitioner submitted that on the allegation of contravention of the provisions of the Minimum Wages Act and Rules by M/s. Reddy Veeranna Construction Pvt. Ltd., the petitioner, who is the Managing Director of the Company is being prosecuted under the Minimum Wages Act though there has been absolutely no allegation that this petitioner was responsible to or was in -charge of day -do -day affairs of the Company and, thereby the order taking cognizance offers from illegality.