HARMOHINDER KAUR SANDHU, J. - (1.) THE Labour and Enforcement Officer (Central), Chandigarh, filed a complaint under Section 10B of the Equal Remuneration Act, 1976 (for short "the Act"), for breach of Section 8, read with Rule 6, of the Act. As per the averments made in the complaint Shri A.S. Dalela, petitioner, while executing the work of storage and procurement of food grains at the Food Storage Depot, Ambala Cantt., District Ambala, by employing 57 male and 6 female employees on July 30, 1990, for which the provisions of the Act were extended, committed violation of the same. He did not maintain any register in "Form D" which was required under Section 8 of the Act. A notice was served upon the petitioner to comply with the provisions of the Act and Rules within 10 days but he failed to do so within the stipulated period and made himself liable for prosecution. The petitioner has filed this petition under Section 482 of the Criminal Procedure Code, for quashing the complaint dated May 6, 1991, annexure P -1 referred above.
(2.) THE petitioner alleged that the complaint, annexure P -1, did not contain any allegations that he was in charge of and was responsible for the conduct of the business of the company at the time of commission of the offence. There was no allegation whatsoever in the complaint that he was in charge of and responsible for the conduct and affairs of the company on July 30, 1990, and the complaint was liable to be quashed on this ground alone. Notice of the petition was given to the respondent. Although many opportunities were granted to file a return yet no reply was placed on record to controvert the allegations made in the petition,
(3.) I have heard Mr. Hemant Kumar, advocate, learned counsel for the petitioner, and Mrs. Nirmaljit Kaur, advocate, learned counsel for the respondent, and have perused the record.;