KALYAN MAITY, EXECUTIVE DIRECTOR Vs. STATE

JUDGEMENT

(1.) THIS W.P.(Cr.) has been filed on behalf of petitioner Kalyan Maity, the then General Manager (Mines), Kiriburu Iron Ore Mines of Steel Authrity of India Ltd. (Raw Materials Division), to quash the order of cognizance dated 27.05.2011 passed by learned Addl. Chief Judicial Magistrate, Chaibasa in connection with C/7 Case No. 102 of 2011 Whereby and whereunder the petitioner has been directed to be summoned to face trial for the offences punishable u/s 22A of the Minimum Wage Act (hereinafter referred to as the 'Act' for short for short) be and the order dated 05.09.2011 by which thepetition dated 18.08.2011 filed by the petitioner was rejected and the case was adjourned for substance of accusation.

(2.) IT is submitted that M/s Steel Authority of India Ltd. has not been made accused in the present case and the petitioner was not responsible for the day to day working at the relevant site rather Shri Ravi Narayan Satpati, Assistant General Manager cum Head (Personnel Administration), Kiriburi Iron Ore Mines was the incharge and he may be held liable to answer the charges, if any. The petitioner has made this contention in writing before the Court in the petition dated 18.08.2011 and the Office Order dated 29.12.2008, Reference No. KIOM/GM/08/3660 was also enclosed to bring on record that Shri Ravi Narayan Satpati, Assistant General Manager cum Head (Personnel Administration), Kiriburi Iron Ore Mines was assigned to functions as head of Personnel and Administration Department;

(3.) ON the other hand, the counsel appearing for the respondent has submitted that Section 22C(2) of the Act is applicable in respect of the petitioner and he cannot escape by transferring liability on the shoulder of other. It is very clear under Section 22C(2) of the Act which reads as follows: