Rongon Mukhopadhyay, J. - (1.) In this application the petitioners have prayed for quashing the entire criminal proceedings in connection with Case No. C/7 -02 of 2007 including the order dated 16.1.2007 passed by the learned Chief Judicial Magistrate, Chaibasa by virtue of which cognizance has been taken for the offences punishable under Sec. 22 -A of the Minimum Wages Act. The prosecution story as would appear from the complaint petition is that the complainant had investigated the premises of M/s. Reliance Next Link Private Limited and had found several irregularities which is in violation of the Rules framed under the Minimum Wages Act and thus punishable under Sec. 22 -A of the Minimum Wages Act.
(2.) Heard Mr. S.K. Dwivedi, learned counsel appearing for the petitioners and Mr. Prabhash Kumar, learned counsel appearing for the opposite party No. 2.
(3.) It has been submitted by the learned counsel for the petitioner that on 29.7.2006 inspection was carried out under the Minimum Wages Act (hereinafter referred to as Act) at the Base Transmission Station (BTS) at Madhubazar, Chaibasa, pursuant to which an inspection report -cum -show cause was directed to be given from the petitioner No. 1 Company to rectify the irregularities. Though a reply was submitted to the effect that the nature of operation of BTS does not require any regular deployment of manpower as such the subject activity does not come within the meaning of Sec. 2(g) read with Sec. 27 of the Act. Learned counsel further submits that the Central Government is not the appropriate Government in respect to the establishment in question, rather the appropriate Government in that respect is the State Government. It has also been submitted that the complainant has never been authorized as an Inspector under the Act as no notification is on the record to suggest otherwise. Learned counsel further adds that the petitioner No. 1 is the Company and the petitioner No. 2 is the Senior Officer of the Company and the prosecution is totally silent as to how he is connected with the affairs of BTS at Madhubazar, Chaibasa. It has therefore, been submitted that the entire criminal proceedings are liable to be quashed.;