- (1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 31-7-2002 passed in C/2
(2.) The prosecution case in brief is that complainant-Labour Superintendent-cum-Inspector under Minimum Wages Act, 1948, Chaibasa after taking sanction under Section 22 (b) of the Minimum Wages Act, 1948 filed a Complaint before the learned Chief Judicial Magistrate, Seraikella alleging therein that when he and his associates went on 5-7-2001 to the firm named as M/s. Gangotri Nursing Home and Research Centre for inspection, he met one Abhijit Dasgupta, receptionist of the firm and in course of inspection, he found that the petitioner's firm has committed several irregularities and violated provisions of Minimum Wages Act and Rules framed thereunder. Definitions are : (A) The employee had been given less wages than fixed by the Government under Minimum Wages Act, 1948. (B) Wages Register had not been kept in Form-X and on demand for inspection, register was not produced. (C) The Muster Roll had not been kept in Form-V and on demand for inspection, it was not produced. (D) Wage Slip had not been issued in Form-XI and on demand it was not produced for inspection. (E) The Employer did not produce identity card and service card.
(3.) After inspection, the complainant gave notice to the accused by letter No. 367 dated 16-7-2002 to produce the relevant documents, but the employer's representative Sri Mohit Jhingon did not produce relevant register, although he met the complainant on that date.;