- (1.) Affidavit of service filed on behalf of the petitioner is kept on record. Supplementary affidavit filed by the petitioner annexing the certified copy of petition of complaint filed by the Inspector of Minimum Wages before the Court of the learned Magistrate is also kept on record. The petitioner has filed this criminal revision for quashing the proceeding being Complaint Case No. 2060 of 2012 pending before the Court of the learned Chief Judicial Magistrate, Alipore, South 24 Parganas.
(2.) It appears from the record that the Inspector of Minimum Wages made an inspection of the site of the construction of the petitioner on March 7, 2012. The Inspector of Minimum Wages issued one show-cause notice to the petitioner for initiation of criminal proceedings if compliance mentioned in the said show-cause notice is not done by the petitioner within the stipulated period of time. The petitioner submitted the show cause on March 13, 2012 disclosing the fact that twenty workmen were not employed by the petitioner and as such the provisions of Contract Labour (Regulation and Abolition) Act, 1970 will not be applicable to the petitioner.
(3.) On consideration of the said show-cause notice, the Inspector of Minimum Wages filed the petition of complaint before the Court of the learned Magistrate in order to prosecute the petitioner under section 23 of the Contract Labour (Regulation and Abolition) Act, 1970. The process was issued by the learned Magistrate. In compliance with the process issued by the learned Magistrate, the petitioner appeared before the Court of the learned Magistrate and filed an application for his discharge on the ground that the provisions of Contract Labour (Regulation and Abolition) Act, 1970 is not attracted to the petitioner. By passing the impugned order on January 21, 2015 the learned Magistrate held that twenty workmen were not employed by the petitioner as reflected in the note of inspection, but the learned Magistrate has no jurisdiction to review or revise the order of issuing the process against the petitioner.;