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1975 Supreme(Pat) 187

S.SARWAR ALI, NAGENDRA PRASAD SINGH
B. Samanta – Appellant
Versus
Government Of India – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

1. These writ applications have been filed by the petitioners under Articles 226 and 227 of the Constitution of India for quashing criminal proceedings launched against them for alleged contravention of certain provisions of the Payment of Bonus Act, 1965 (hereinafter referred to as the Act) and of the Payment of Bonus Rules, 1965 (hereinafter referred to as the Rules).

2. The Labour Enforcement Officer (Central), Kodarma (hereinafter referred to as the Enforcement Officer) inspected different mines belonging to petitioner No. 1 in Cr. W. J. C. Nos. 105 and 106 of 1975 and Petitioner No. 2 in Cr. W. J. C. Nos. 93, 102, 103 and 104 of 1975, on different dates between the 18th January, 1972 and the 4th February, 1972, and noticed three irregularities in the mines concerned, namely:

(i) Register in Form A showing computation of allocable surplus for the particular year in question was not at all maintained, which amounted to breach of Rule 4 (a) of the Rules.

(ii) Register in Form B showing set-on and set-off for the accounting year in question was not at all maintained, which amounted to breach of Rule 4 (b) of the Rules.

(iii) Profit and Loss Accoun















































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