R T SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have preferred this petition for quashing of their criminal prosecution including the order impugned dated August 26, 2002 whereby and whereunder the CJM, Jamshedpur took cognizance of the offence under Section 22-A of the Minimum Wages Act, 1948 (hereinafter referred to as the Act) in C/2 Case No. 2007/02 now pending in the Court of Miss Shweta Kumari, Judicial Magistrate, 1st Class, Jamshedpur.

(2.) The prosecution report/complaint case vide C/2 Case No. 2007/02 was filed by the complainant/OP No. 2 herein against the petitioners and others for the alleged violation of Sections 12(1) and 18 of the Minimum Wages Act, 1948 and Rules 21(4), 22. 25(2), 26, 26(1), 26(2) and 26(5) of the Minimum Wages (Central) Rules, 1950 on the backdrop that when the OP No. 2 on July 15, 2002 with the witnesses had inspected Bharat Special Security, Jamshedpur situated in Dealers Apprentices Hostel, irregularities were found in contravention of the Minimum Wages Act and the Rules as mentioned hereinabove.

(3.) A notice vide Memo No. 2747 dated July 26. 2002 was sent to the employers to show-cause which was replied on July 29, 2002, but upon being dissatisfied with the contents of the causes shown and presuming that the employers were not interested in rectifying the defects, a complaint was filed in the Court of CJM for taking cognizance under Section 22-B of the M.W. Act and to punish them under Section 22-A of the said Act. Learned counsel submitted that the petitioners are the senior officer of Telco (Tata Motors) and the prosecution report/complaint is silent as to how they are connected with the affairs of Bharat Special Security, Jamshedpur though in the column of accused as contained in S.I. No. 2 of the prosecution report Mazor Bansal has been specifically figured as the employer of Bharat Special Security, Jamshedpur situated behind Telco dispensary and similarly, the prosecution report is further silent as to how the petitioners herein are connected with the'. affairs of Dealers Apprentices Hostel, Ring Road, Telco, Jamshedpur.