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2018 Supreme(Jhk) 780

RONGON MUKHOPADHYAY
GTL Ltd. – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.S. Mazumdar, Sr. Advocate

JUDGMENT :

1. Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners. No one appears on behalf of O.P. No. 2.

2. In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with G. Case No. 22 of 2007 including the order dated 29.1.2007, passed by the learned Additional Chief Judicial Magistrate, Hazaribagh, whereby and where under cognizance has been taken under section 22A of the Minimum Wages Act.

3. It has been submitted by the learned senior counsel for the petitioners that prior to institution of the complaint case, a show cause notice was issued to the employer and a reply was duly submitted but the same was not found to be satisfactory merely indicating that there has been violation of various rules.

4. Learned senior counsel has referred to section 22 C of the Minimum Wages Act. It has further been submitted that petitioner no. 2 was not incharge and responsible for the conduct of the business of the company and in such circumstances, therefore, since it contravenes section 22C of the Minimum Wages Act, the criminal proceeding against the petitioners deserves to be quashed and set aside. Learned senior counsel has als
















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