- (1.) This petition under Section 482 of the Code of Criminal Procedure is directed against a summons to the petitioner issued by the Metropolitan Magistrate, 6th Court Calcutta u/S. 145 of the Merchant Shipping Act, 1958, therein after referred to as 'the Act'. The objection taken mainly, which has been mooted at the Bar by the Id. Counsel for the petitioner is that this summons is illegal as it is titled as "summons to an accused person" thereby suggesting that the petitioner has to appear as an accused person and if they so appear they have to be put to bail as an accused person. The assertion is that proceedings u/S. 145 of the Merchant Shipping Act, 1958 is a proceeding for recovery of unpaid wages of a seaman against the person liable to pay. It is not a proceeding of trial as an accused.
(2.) Section 145 of the Merchant Shipping Act, 1958 is in following terms : 'Recovery of wages'. "145(1) A seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, apply to any judicial Magistrate of the first class or any Metropolitan Magistrate, as the case may be, exercising jurisdiction in or near the place at which his service was terminated or at which he has been discharges, or at which any person upon whom the claim is made is or resides and such Magistrate shall try the case in a summary way and the order made by such Magistrate in the matter shall be final. (2) An application under sub-Section (1) may also be made by any officer authorised by the Central Government in this behalf by general of special order."
(3.) I may further notice that Section 436 of this Act lays down that certain omissions and actions under some of the provisions of the Act are offences punishable with various fines, enlisted in an annexed table. The present proceedings before the Magistrate was not under Section 436 of this Act.;