In this application petitioner prayed for quashing the order dated 19.2.2004 passed by Chief Judicial Magistrate, Dhanbad whereby and whereunder he took cognizance of the offence against the petitioners under the Payment of Gratuity Act, 1972.

2. It is submitted by learned counsel for the petitioners that the petitioners are not the employer as defined under section 2(f) of the Payment of Gratuity Act therefore, no offence made out against them. It is further submitted that the gratuity had already been paid to the employees, thus in that circumstances also, no offence is made out. It is submitted that the order by which the cognizance has been taken is an abuse of the process of court, thus the same cannot be sustained by this Court.

3. On the other hand, learned counsel for the opposite party, Mr. M. Khan, submits that as per section 2(f)(iii) of Payment of Gratuity Act any person who is in the ultimate control over the affairs of the mines, whether called Manager, Managing Director or by any other name, is the employer. It is further submitted that petitioner no. 1 is the Director (Technical) B.C.C.L., and petitioner no. 2 is the Chief General Manager Kustore Area of

B