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1989 DIGILAW 81 (PAT)

Upendra Nayak v. State Of Bihar

1989-02-28

BINOD KUMAR ROY

body1989
Judgment Binod Kumar Roy, J. 1. Through this petition the petitioners pray to quash the proceeding in G.O. No. 2 of 1984 - State V/s. Upendra Nayak and Anr. of the Court of the Chief Judicial Magistrate, Samastipur, in which on a complaint filed by the Labour Inspector-cum-Minimum Wages Inspector, Samastipur cognizance has been taken against the petitioners for having alleged violating the provisions of Minimum Wages Act, 1948. 2. The facts are short and simple. An allegation was made by one R.C. Ram, Labour Superintendent-cum-Inspector under the Minimum Wages Act, 1948 to the effect that in afternoon of 3rd August, 1983, he inspected Nayak Automobiles Petrol Pump at village Musari Gharari, Police Station Musari Gharari District Samastipur, during which he found four workers performing their duties but when their muster roll, payment of salary, register and wage slip were demanded they were not produced and thus there has been violation of Rules 26(2), 26(1) and 26(5) of the Bihar Minimum Wages Rules read with the Act, and even through he asked for production of aforementioned documents on 20th August, 1983 before him, those documents even then were not produced nor was any show cause filed by the accused persons and it is thus clear that they had deliberately violated the law and thus cognizance under Sec. 22(A) of the Minimum Wages Act be taken against them, who are partners of Nayak Automobiles aforesaid and severe sentence be awarded to them. 3. It appears from the order dated 2.1.1984 that the learned Chief Judicial Magistrate took cognizance as prayed for and transferred the case to the Court of the Sub-divisional Judicial Magistrate. 4. The sole point canvassed before me is that the alleged violation by the petitioners is utterly misconceived and incorrect inasmuch as any employment in the petrol pump does not come within the purview of the Minimum Wages Act, 1948 and the Rules framed thereunder. 5. 4. The sole point canvassed before me is that the alleged violation by the petitioners is utterly misconceived and incorrect inasmuch as any employment in the petrol pump does not come within the purview of the Minimum Wages Act, 1948 and the Rules framed thereunder. 5. By a notification bearing No. S.C. 783, dated the 5th May, 1982, employment in Petrol and diesel pumps have been added by the Governor of Bihar in the list of the Schedule attached with the Minimum Wages Act pursuant to the powers vested in him by virtue of Sec. 2(b) of the Minimum Wages Act, 1948 read with Sec. 27 of the Minimum Wages Act and in this view of the matter the submission of the learned Counsel for the petitioners is utterly misconceived and has got no merit and is hereby overruled. 6. In the result the Criminal Miscellaneous application is dismissed.