Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 2886 of 2008 pending before the Judicial Magistrate/Civil Judge (Junior Division), Duddhi, Sonebhadra initiated by the State of U.P. through the Labour Enforement Officer, Pipri, Sonebhadra under Section 18 of the Minimum Wages Act, 1948.
It is contended by learned counsel for the applicant that the Singrauli Super Thermal Power Station is a unit of the National Thermal Power Corporation Ltd., owned and controlled by the Central Government and under the Minimum Wages Act, the appropriate authority with regard to the enforcement of the provisions of the Minimum Wages Act, 1948 is the Assistant Labour Commissioner (Central) situated at Allahabad which has the jurisdiction and the appropriate government of the National Thermal Power Corporation Ltd., Singrauli Super Thermal Power Station, Shaktinagar, District Sonebhadra is the Central Government and the competent authority is the Assistant Labour Commissioner (Central), Allahabad with regard to the scheduled establishments under the Central Government and not the Judicial Magistrate/Civil Judge (Junior Division), Dudhdhi, Sonebhadra. It is further contended that the proceedings are not in consonance with the provisions of Section 22-C of the Minimum Wages Act, 1948 in as much as the person who was incharge General Manager at the relevant time, when the proceedings were initiated, responsibility may be fixed merely upon him and not on the person, who has subsequently joined on the said post.
Issue notice to opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time for filing counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant, two weeks thereafter is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 18.1.2010 shailesh