WORLD CLASS SERVICES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. Mr. H.K. Mehta, learned counsel appearing for the petitioner submits that upon preferring Claim Application being M.W. Claim (27)/2009-RLC(R) before Labour Commissioner (Central), Ranchi, the Regional Labour Commissioner (Central), Ranchi, who happened to be an Authority under the Minimum Wages Act, 1948, passed an order on 27.4.2010, directing the Opp. Party (petitioner herein) to deposit a sum of Rs. 14,859/-, but that order was passed without giving any opportunity to the petitioner to be heard in the matter. The said order was communicated to the learned Chief Judicial Magistrate, Ranchi for recovery of the said amount in terms of the provision as contained in Section 20(5) of the Minimum Wages Act, 1948.

(2.) Pursuant to that, warrant of arrest and then processes under Sections 82 & 83 Cr.P.C. have been issued against the petitioner. Subsequently, an order has been passed on 5.8.2013 whereby permanent warrant of arrest has been ordered to be issued against the petitioner.

(3.) Since, order passed by the Authority, under the Minimum Wages Act, 1948 in M.W. Claim (27)/2009-RLC(R), was quite illegal, the petitioner has preferred this application under Section 482 Cr.P.C., wherein it has been stated that the petitioner is ready and willing to deposit the amount of Rs. 14,859/-, as awarded, before the court below, but the difficulty is that not only warrant of arrest has been issued, but also processes under Sections 82 and 83 Cr.P.C. as well as permanent warrant of arrest have been issued against the petitioner, which never seems to be in accordance with law, as without there being service of summons, warrant of arrest has been issued and without there being any report relating to execution of the warrant of arrest, process have been issued.