- (1.) In both the Criminal Miscellaneous Petitions facts involved are the same and, therefore, both the applications are being disposed of by this common order.
(2.) Both the Criminal Miscellaneous Petitions have been filed for quashing the cognizance order dated August 26, 2002 passed by learned CJM, Jamshedpur in C/2 Case Nos. 2009/2002 and 2010/2002 respectively.
(3.) The prosecution case in Criminal Miscellaneous Petition No. 1529/2003 in brief is that a prosecution report has been filed by the opposite party No. 2 against the petitioner and one another in the Court of CJM Jamshedpur and in the said prosecution report it is alleged that some violations of Sections 12(1) and 18 of the Minimum Wages Act and Rules 21(4). 22, 25(2), 26(1), 26(2) and 26(5) have been made. It is alleged that the opposite party No. 2 has made an inspection on July 15, 2002 at about 11.45 AM of Graduate Engineers Hostel (Mess) Telco, Jamshedpur along with some other officers of the Labour Department and during inspection one Anup Malthy was present and in course of Inspection he found the following irregularities: (i) As per requirement of Rule 21(4) no register in form 1 and 2 was kept showing deduction from payments to the labourers on account of penalty and compensation. (ii) As per requirement of Rule 22 required informations and rates of wages were not displayed at the work site. (iii) As per requirement of Rule 25(2) register for overtime was not kept (iv) As per requirement of Rule 26(1) register of wages was not kept. (v) As per requirement of Rule 26(2) no wage slip was given to the labourer. (vi) As per requirement of Rule 26(5) no muster roll was kept.;