D.K. Sinha, J.

1. The petitioners have preferred this petition for quashing of their criminal prosecution including the order impugned dated 26.8.2002 whereby and whereunder the CJM Jamshedpur took cognizance of the offence under Section 22-A of the Minimum Wages Act, 1948 (hereinafter referred to as the Act) in C/2 case No. 2007/02 now pending in the Court of Miss Shweta Kumari, Judicial Magistrate, 1st Class, Jamshedpur.

2. The prosecution report/complaint case vide C/2 case No. 2007/02 was filed by the complainant/OP No. 2 herein against the petitioners and Ors. for the alleged violation of Sections 12(1) and 18 of the Minimum Wages Act, 1948 and Rules 21(4), 22, 25(2), 26, 26(1), 26(2) and 26(5) of the Minimum Wages (Central) Rules, 1950 on the backdrop that when the OP No. 2 on 15.7.2002 with the witnesses had inspected Bharat Special Security, Jamshedpur situated in M/s. Dealers Apprentices Hostel, irregularities were found in contravention of the Minimum Wages Act and the Rules as mentioned hereinabove.

3. A notice vide memo No. 2747 dated 26.7.2002 was sent to the 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 CJM for taking cognizance under Section 22-B of the M.W. Act and to punish them under Section 22-A of the said Act. learned Counsel submitted that the petitioners are the senior officer of M/s. Telco (Tata Motors) and the prosecution report/complaint is silent as to how they are connected with the affairs of Bharat Special Security, Jamshedpur though in the column of accused as contained in SI. No. 2 of the prosecution report Mazor Bansal has been specifically figured as the employer of Bharat Special Security, Jamshedpur situated behind Telco dispensary and similarly, the prosecution report is further silent as to how the petitioners herein are connected with the affairs of M/s. Dealers Apprentices Hostel, Ring Road, Telco, Jamshedpur.

4. From the information gathered by the petitioners it was revealed that the residents of Dealers Apprentices Hostel have constituted Hostel Committee popularly known as Mess Secretary, General Secretary, caretaker etc. to look after the overall supervision of the work of persons employed for the boarders of Hostel for running mess, cleanliness etc. The Committees even managed their security to be paid by the residents of the Hostel from their own funds.

5. learned Counsel further submitted that no minimum rate of wages has been fixed by the Government for domestic servant/ employees and therefore, they do not come within the schedule employment. Similarly the liability and responsibility of maintaining the records/registers of various nature for various purpose as alleged in the prosecution report is neither of these petitioners nor of Tata Motors but the petitioners have been implicated without any basis with arbitrary and mala fade motive. As a matter of fact the petitioners have nothing to do with the payment of salary wages etc. to the staff/employee of Bharat Special Security and/or M/s. Dealers Apprentices Telco, Jamshedpur.

6. There was no allegation that in course of their visit the OP No. 2 as well as other witnesses found persons working in schedule employment and were engaged by the petitioners. The prosecution report was silent that the petitioners were required to maintain registers/records as employers under the Act and Rules, which they failed to maintain. Similarly no specific reason was assigned in the prosecution report on the basis of which the OP No. 2 gathered that the petitioners had been violating the provisions of the Act and the Rules.

7. Advancing his argument, learned Counsel submitted that the prosecution report is silent as to whether during the course of visit by the prosecution team including the OP No. 2 the labourers, if at all working there, -had mad