- (1.) In this writ application petitioners pray for quashing the entire criminal proceeding arising out of OCR Case no. 127/2002 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. 50/2001.
(2.) It appears that Labour Enforcement Officer, Maheshpur ( respondent no. 2) filed complaint alleging there in that he inspected Theodori Christian Hospital, Chandrapura on 02.5.2000 and found that petitioners committed various contraventions of Minimum Wages Act and i.e. (i) Register under form I and II was not found at the work place , (ii) Information regarding the rules as well as rates of the wages had not been displayed , (iii) Wages Register under form 10 was not kept at work place, (iv) Wages slips were not issued to the workers, (v) Muster roll Register had not been kept at workplace and (vi) Over time register had not been kept.
(3.) It appears that respondent no.2 gave notice to the petitioners for rectifying the defects, 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 Minimum Wages Act . It appears that learned A.C.J.M. Pakur vide his order dated 25.10.2000 took cognizance of theoffence and issued summon to the petitioners. It further appears that petitioner no.1 filed a Criminal Revision against the order taking cognizance vide Criminal Revision No. 50/2001 in the Court of Sessions Judge, Pakur. Said Criminal Revision dismissed by Sessions Judge Pakur vide order dated 25.01.2002.;