The central legal point established is that the 'appropriate government' for scheduled employment under the Minimum Wages Act, 1948 is determined based on the provisions of the Act and the nature of the establishment.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Case called out in the revised list. None appears on behalf of the applicant to address the Court, however, learned Additional Government Advocate is present.

2. The matter is of the year 2010 and involved legal issue regarding which is the 'appropriate government' to file complaint in the present matter and therefore, I proceed to decide the application. The facts of the cases are similar in all three applications of the applicants, therefore, decided by a common judgment and order.

3. The present application u/s 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.2896 of 2008, pending before the learned Judicial Magistrate/Civil Judge (Junior Division), Duddhi, Sonebhadra, which has been instituted by State of Uttar Pradesh through Labour Enforcement Officer, Pipri, Sonebhadra under Section 18 of the Minimum Wages Act, 1948.

4. From the perusal of the application, it appears that applicant establishment is Singrauli Super Thermal Power Station, situated at Shaktinagar, District Sonebhadra is a unit of the NTPC, owned and controlled by the Central Government.

5. The appellant has mentioned following grounds in the application for quashing of criminal proceedings:-

(i) That under Section 20 of the Minimum Wages Act, the Central Government has appointed the Assistant Labour Commissioner, Allahabad to be the competent authority for enforcing the provisions of the Minimum Wages Act, 1948 in regard to the scheduled establishments under the Central Government.

(ii) That on the objection made against the proceeding initiated by the Labour Enforcement Officer, Pipri, Sonebhadra who is only competent to take action against the scheduled establishments under the State Government, dropped the proceeding vide order dated 29.7.2009 for want of jurisdiction in the similarly connected cases.

(iii) That the complaint case filed against the applicant is without jurisdiction and authority. It is further noteworthy that the complaint is not in consonance with the provisions of Section 22-C of the Minimum Wages Act, 1948.

(iv) That on 15.5.2008 when the alleged inspection by Sri R.K. Rai, the Labour Enforcement Officer is said to have been done, at that time, Sri G. Vijay Kumar was the General Manager of the NTPC Limited/Singrauli Super Thermal Power, Shaktinagar, District Sonebhadra but later on he was relieved and the present General Manager Sri Jai Narain Singh has assumed the charge in September, 2009 as the General Manager, NTPC Limited/Singrauli Super Thermal Power Station, Shaktinagar, District Sonebhadra.

(v) That under the proviso to Section 22-C of the Minimum Wages Act, the General Manager, Sri Jai Narain Singh, is not liable to prosecute as at the relevant time of the alleged offence, neither he was holding the offence of the General Manager nor he had any knowledge about the same.

(vi) That the opposite party no.2 has no jurisdiction or authority to initiate prosecution against the applicant for want of jurisdiction and authority, as such, the complaint is liable to be quashed.

(vii) That the proceeding initiated against the applicant vide Complaint Case No.2896 of 2008 is absolutely illegal and malafide and is an abuse process of the court.

6. The Court passed the following order on 9.3.2010 which is reproduced below:-

“Heard learned counsel for the applicant and the learned AGA for the State-respondent.

The present petition under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 2896 of 2008 pending before the Judicial Magistrate/Civil Judge (Junior Division), Duddhi, Sonebhadra initiated by the State of U.P. through the Labour Enforcement Officer, Pipri, Sonebhadra under Section 18 of the Minimum Wages Act, 1948.

It is contended by learned counsel for the applicant that the Singrauli Super Thermal Power Station is a unit of the National Thermal Power Corporation Ltd., owned and controlled by the Central Government and under the Minimum Wa