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2021 Supreme(Jhk) 823

SANJAY KUMAR DWIVEDI
S. N. Subrahmanyan S/o Late S. S. Narayanan – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Ajit Kumar, Mr. Nitin Kumar Pasari, Ms. Sidhi Jalan.
For the Respondent: Ms. Shresha Sinha.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Ajit Kumar, the learned Senior counsel assisted by Mr. Nitin Kumar Pasari, the learned vice counsel appearing on behalf of the petitioner and Ms. Shresha Sinha, the learned counsel appearing on behalf of the respondent-Union of India.

2. This petition has been filed for quashing the order dated 20.12.2013 by which cognizance of offence under the Minimum Wages Act has been taken against the petitioner. Further prayer is made for quashing the orders dated 20.09.2016, 24.01.2017, 26.07.2018, 27.03.2019 and 27.06.2019 whereby bailable warrant, non-bailable warrant, processes under section 82 and under section 83 Cr.P.C. and permanent warrant, respectively, have been issued against the petitioner.

3. The complaint was filed stating therein that:

    (A) The above named accused person (petitioner) is the employer as defined under Section 2(e) of the Minimum Wages Act, 1948 [hereinafter to be referred to as ‘the Act’] and engaged for work Setting up 400 K.V. GIS Switch Yard from ‘A’ Plant DVC BTPS PO and PS Bokaro Thermal, District Bokaro which is a schedule employment under the Minimum Wages Act, 1948 and the Minimum rates of Wages fixed vide Notif

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