PRANAB KUMAR MOHANTY Vs. STATE THROUGH THE LABOUR ENFORCEMENT OFFICER (CENTRAL) GOVERNMENT OF INDIA
HIGH COURT OF GAUHATI (AT: STATE)
Pranab Kumar Mohanty
State Through The Labour Enforcement Officer (Central) Government Of India
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MIR ALFAZ ALI,J. -
(1.) This revision is directed against the order dated 29.02.2014 passed in C.R. Case No. 1c/2014, whereby learned Judicial Magistrate took cognizance and issued process against the petitioner.
(2.) The facts leading to the present revision may briefly be stated thus- On 26.3.2013 the complaint, a labour enforcement officer, inspected the Punjab National Bank, Dibrugarh Branch. During inspection of the bank, the respondent/complainant found that the petitioner did not maintain up-to-date register in form 'D' as per requirement of Rule 6 relating to female workers employed, and thereby committed breach of Section 10 of the Equal Remuneration (ER) Act, 1976 and Rule 6 of the Equal Remuneration Rules. Accordingly the respondent lodged a complaint u/s 10 of the Equal Remuneration Act. For better appreciation, the complaint filed by the respondent is reproduced below :-
"In the Court of the Chief Judicial Magistrate, Dibrugarh, (Assam)
State represented by -
Labour Enforcement Officer (Central), Dibrugarh and Inspector under the Equal Remuneration Act, 1976 ...Complainant
Sri P.K. Mahanty (Chief Manager), Punjab National Bank, Thana Chariali, Dibrugarh.
Complaint under Section of the Equal Remuneration (ER) Act , 1976
1. That the name and address of the accused person for the purpose of service of summons and processes are as mentioned above.
2. That the complainant is the inspector appointed under Sec. 9 vide Notification No. SO 443 (E) dated 13.05.1998 of Govt. of India, Min--istry of Labour, New Delhi of Equal Remuneration Act, 1976 hereinafter referred to the said Act.
3. That the accused person is a Bank Chief Manager of Punjab National Bank, Dibrugarh and executing work for Banking Business" numbering 18 nos. of employees.
4. That the establishment of the accused persons was inspected by the complainant on 26.03.2013 at Punjab National Bank, Dibrugarh and observed that :-
(a) Employer has not maintained up-to-date register relating to the female workers employed by him permitted in form 'D' at the place of work site under rule 6."
(3.) On the basis of the above complaint, learned Judicial Magistrate took cognizance and issued process by the following order--
Case record received.
Issue summons to the accused.
Fix 31.03.2014 for appearance." ;
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