- (1.) In this writ application petitioners pray for quashing the entire criminal proceeding arising out of OCR Case no. 119/2002 and order dated 25.10.2000 by which learned A.C.J.M. Pakur took cognizance of the offence under section 22 of Minimum Wages Act (herein after refer as the Act). Petitioners further pray for quashing of the order dated 25.01.2002 passed by Sessions Judge, "Pakur in Criminal Revision No. 65/2001. It appears that Labour Enforcement Officer, Maheshpur (respondent no. 2) filed complaint alleging there in that he inspected Theodori Christian Hospital, Maheshpur on 02.5.2000 and found that in contravention of the provisions as contained in section 12A of the Act the employer has paid to its employees less than the minimumwages fixed.
(2.) It appears that respondent no. 2 gave notice to the petitioners asking them to pay wages and to show cause as to why not prosecution be initiated but petitioners did not give any heed to the said notice. Accordingly, after obtaining sanction from the competent authority, present complaint filed in the court of A.C.J.M., Pakur alleging there in that petitioners committed offence under section 22 of the Act. It appears that learned A.C.J.M. Pakur vide his order dated 25.10.2000 took cognizance of the offence and issued summon to the petitioners. It further appears that petitioner no. 1 has filed a Criminal Revision against the order taking cognizance vide Criminal Revision No. 65/2001 in the Court of Session Judge, Pakur. Said Criminal Revision dismissed by Sessions Judge Pakur vide order dated 25.01.2002.
(3.) Sri Krishna Shankar, learned counsel for the petitioners submits that Theodori Christian Hospital is a charitable hospital thus, same cannot be equated with any other private profit making hospital or Nursing Home. He submits that the Act has no application on charitable hospital. It is further submitted that petitioners are not connected with the day to day affairs of the hospital, hence, as per section 22(c) of the Act they can not be punished. Accordingly, it is submitted that entire criminal proceeding initiated against the petitioners in connection with OCR case no. 119/2002 is liable to be quashed.;