- (1.) SINCE mater involved in all the three cases are of same nature, they are being disposed of by this common order.
(2.) THE case of the petitioners of Cr. M. P. No. 1159 of 2003 is that it is alleged in the prosecution report that in course of inspection of M/s Pariwar Sansthan Plaza Dispensary Complex, Telco Town, Jamshedpur, the petitioners are said to have violated the provisions of Sections 12 (1) and 18 as well as Rule 1950 and following violations were found which are given herein-below : (1) As per requirement of Rule 21 (4) no register in forms 1 and 2 was kept showing deduction from payment to the labourers on account of penalty and compensation. (2) As per requirement of Rule 22 required information and rates of wages were not displayed at the work site. (3) As per requirement of Rule 25 (2) register for overtime was not kept. (4) As per requirement of Rule 26 (1) register of wages was not kept. (5) As per requirement of Rule 26 (2) no wage slip was given to the labourer. (6) As per requirement of Rule 26 (5) no muster roll was kept.
(3.) IT is also submitted that Pariwar Kalyan Sansthan Plaza Dispensary, Complex (PKS) is a society under the Society Registration Act, 1860 having registration No. 498/83-84 of Society Registration Act and it was submitted on their behalf that liability and responsibility of maintaining records/registers of various nature for various purposes, as alleged in the prosecution report (Annexure-1) is neither of these petitioners No. 1, 2 and 3 nor of M/s Telco, but they have been falsely named as accused in the prosecution report/complaint. It was further pointed out that Section 19 of Minimum Wages Act provides that an Inspector under the Act can be appointed by the State Government by duty publication in Gazette Notification. The Inspector will be appointed for a specific area and there is no specific statement or averment in the prosecution report as to when and by which notification and for which area the opposite party has been appointed as Inspector under the Act. It is also pointed out that under Section 22-B (1) (a) of Minimum Wages Act provides that there must be sanction for prosecution by appropriate Government or an officer authorized by it in this behalf. Section 22-B (1) (b) also provides that the complaint can be made by Inspector or with the sanction of an Inspector. In the instant case, there is no specific averment in this regard against the petitioners.;