R T SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners herein have preferred this petition under Section 482, Cr.P.C. 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 Minimum Wages Act, 1948 (hereinafter referred to as the Act) in C/2 Case No. 2006/2002 pending in the Court of Ms Shweta Kumari, Judicial Magistrate, Jamshedpur.

(2.) A complaint case vide C/2 Case No. 2006/2002 was filed by the complainant/opposite party 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(1), 26(2), 26(5) and 26 of the Minimum Wages Rules, 1950 on the backdrop that when the O.P. No. 2 on July 15, 2002 inspected M/s. Graduate Engineers Hostel, TELCO, Plaza Area, TELCO in M-53, Jamshedpur along with other witnesses and also inspected the Bharat Special Security, the irregularities were found in contravention of the Minimum Wages Act and Rules as mentioned hereinabove.

(3.) A notice thereafter vide Memo No. 2341 dated July 26, 2002 was sent to the alleged 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 20-B of the M.W. Act and to punish them under Section 22-A of the said Act.