P.N.Harkauli, J. - (1.) THIS application under Section 482 Code of Criminal Procedure arises in the following circumstances; Some time in the year 1972 M/s. Bharat Heavy Electricals Ltd., Tiruchirapalli, Madras, having its registered office at New Delhi, invited tenders for the erection of 2X110 MW. boilers and for testing and commissioning of boiler for Panki Thermal power station. In response to this notice M/s. Engineering Construction Corporation Ltd. Bombay (herein after referred to as the company) submitted a tender from its office in Madras. This tender was accepted and, thereupon, the company commenced the erection work inside the premises and precincts of the Panki Thermal Power Station.
(2.) APPLICANT No. 1 is the Regional Manager of the company. Applicant No. 2 is an engineer employed by the company, and at the relevant time he was posted at Kanpur to supervise the execution of the aforesaid work. On 15 - -11 - -1973, while the aforesaid work was being executed at the premises of the Panki Thermal power station, Sri K. C. Sexena, Labour Inspector, Kanpur Region, Kanpur went there for inspection and demanded for inspection the register of attendance and wages in Form 'G' the register of leave in Form 'H', and certain other registers relating to the workers employed by the company in connection with the execution of the aforesaid work. Mr. K. C. Saxena then found that no such registers were being maintained, and naturally, therefore, they were not produced before him. He also found that the notice required to be displayed were not displayed.
(3.) THEREUPON he filed a complaint in the Court of the Additional City Magistrate (1) Kanpur against these two officers of the company, i.e. applicant Nos. 1 and 2, alleging that they had 'contravened Sections 32, 17, 18 and 20 of the U.P. Dukan Aur Vanijya Adhis -than Adhiniyam, 1962 (hereinafter referred to as the Act) read with Rules 18, 20, 13, 8 and 9 of the U.P. Dukan Aur Vanijya Adhisthan Niyamawali 1962" and praying that these two applicants be punished under Section 35 of the Act for the said contraventions.;