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SANJAY KUMAR DWIVEDI
Lineage Power India Private Limited, represented by Shri Anuj Sinha (Territory Manager) – Appellant
Versus
State – Respondent
JUDGMENT :
1. Heard Mr. Alok Anand, the learned counsel for the petitioner, Mr. Shailesh Kumar Sinha, the learned counsel for the respondent State and Mr. Sunil Kumar, the learned counsel appearing for the O.P.No.2.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 21.01.2011 passed by the A.C.J.M., Rajmahal, in connection with O.C.R. No.06 of 2011 for the alleged commission of offence under section 22-A of the Minimum Wages Act, 1984 and the Rules, pending in the court of learned Sub Divisional Judicial Magistrate, Rajmahal.
3. The case was registered alleging therein on a complaint filed by the complainant Labour Enforcement Officer (Central), Bhagalpur I/C of Pakur under section 22-A of the Minimum Wages Act, 1948 and Rules alleging inter alia that the accused named therein engaged workers in providing unarmed security guards at Tata Indicom Tower, Duhwa and on inspection of the said establishment on 9.7.2010, a number of delinquencies on the part of the employer were detected with respect to which, an inspection report cum show cause notice as contained in letter no.26(111)/2010-PKR dated 20.10.2010 was sent
Liability under the Minimum Wages Act is contingent on being in charge of the company, and authorization and sanction are required for filing a complaint.
The liability of individuals under the Contract Labour Act is contingent on their involvement in the day-to-day affairs of the company and specific averments regarding their roles in the business of ....
The court established that for prosecution under the Minimum Wages Act, the establishment must fall within the defined scheduled employments, and the company must be named as an accused.
The requirement for the company to be made an accused and the accused to be responsible for the day-to-day affairs of the company under Section 25 of the Contract Labour (Regulation and Abolition) Ac....
The court quashed criminal proceedings due to improper cognizance and clarified limitation interpretation under the Contract Labour Act, emphasizing judicial scrutiny.
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