Cr. M.P. No. 585 of 2003. Case: R. T. Singh and Anr. Vs State of Jharkhand and Anr.. Jharkhand High CEGAT & CESTAT High Court
| Case Number | Cr. M.P. No. 585 of 2003 |
| Counsel | For Petitioners: Ashok Kumar Sinha, Adv. |
| Judges | D. K. Sinha, J. |
| Issue | Criminal Procedure Code (2 of 1974) - Section 482 |
| Citation | 2006 CriLJ 4494 |
| Judgement Date | Friday May 12, 2006 |
| Court | Jharkhand High CEGAT & CESTAT High Court |
Order:
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The petitioners herein have preferred this petition under Section 482 Cr.P.C. for quashing of their criminal prosecution including the order impugned dated 26-8-2002 whereby and whereunder the C.J.M., Jamshedpur took cognizance of the offence under Section 22A of Minimum Wages Act, 1948 (hereinafter referred to as the Act) in C/2 Case No.2006/2002 pending in the Court of Miss Shweta Kumari, Judicial Magistrate, Jamshedpur.
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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 Section 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 15-7-2002 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.
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A notice thereafter vide memo No.2341 dated 26-7-2002 was sent to the alleged employers to show-cause which was replied on 29-7-2002, 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 C.J.M. for taking cognizance under Section 20B of the M. W. Act and to punish them under Section 22A of the said Act.
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Learned Counsel submitted that the petitioners are the Senior Officers of M/s TELCO Ltd. and the prosecution report (complaint) is silent as to how they are connected with the affairs of Graduate Engineers Hostel and/or Bharat Special Security, Jamshedpur. They are not at all concerned in relation to the person or persons, if at all working there in Graduate Engineers Hostel as private domestic servants. As a matter of fact the boarders of the hostel have constituted various committees, popularly known as Mess Secretary, General Secretary etc. who used to engage caretaker to look after the overall supervision of the work of persons working for the boarders of the hostel for running mess cleanliness etc. The Committee even managed their security including caretaker to be paid by the residents of the hostel from their own funds and not from the fund of the TELCO (TATA MOTORS).
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Learned Counsel further submitted that no minimum rate of wages has been fixed by the...
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