PRASHANT SWARUP Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application filed under Section 482 of the Code of Criminal Procedure is directed against the order dated April 24, 2006 passed by additional Sessions Judge, Ghatsila in Cr. Rev. No. 105/2003 affirming the order dated March 11, 2003 passed by Additional Chief Judicial magistrate, Ghatsila in C/2 case No. 13/2003 taking cognizance of the offence under Section 9 (2) of the Payment of Gratuity Act

(2.) THE facts giving rise to this application are that Labour Enforcement Officer (Central), chaibasa, opposite party No. 2, lodged complaint against the petitioner No. 1. General manager, Hindustan Copper Limited, Ghatsila and also against the petitioner No. 2. Assistant general Manager, (Mines), Hindustan Copper limited, Ghatsila alleging therein that petitioners being employers within the meaning of Section 2 (f) (ii) of the Payment of Gratuity act (hereinafter referred to as 'the Act') in respect of establishment of Mosaboni Group of mines, Surda, of Hindustan Copper Limited/ indian Copper Complex failed to pay the amount of gratuity to the employees within 30 days from the date it became payable and further failed to pay simple interest @ 10% per annum for delayed payment and hence they are liable to be prosecuted under Section 7 (3) and 7 (3-A) of the said Act.

(3.) IT appears that the complainant, Labour enforcement Officer (Central), Chaibasa before lodging the compliant asked the petitioners to rectify the irregularities noted by the complainant and to submit compliance report which seems to have been submitted but it was not found to be satisfactory and hence, labour Enforcement Officer (Central), chaibasa, opposite party No. 2 lodged the complaint on March 3, 2003 before the additional Chief Judicial Magistrate, Ghatsila along with application praying therein to condone the delay. Upon it a case was registered as C/2 case No. 13/2003 on March 3, 2003 and the Court, vide order dated March 1, 2003 took cognizance of the offence under Section 9 (2) of the Act.