N. Sarkar and another vs State of Bihar

A.P. Sinha, J.—Heard Mr. S. B. Sinha, Learned Counsel for the petitioners and Mr. Devi Prasad, learned Sr. Standing Counsel for the Central Government, appearing on behalf of the opposite party. This application is directed against the impugned order dated 27.4.1981 passed in P.W. Case No. 15 of 1981 by which the learned Magistrate has taken cognizance against the petitioners for an offence under Rule 22 of the Payment of Wages (Mines) Rules, 1956.

Petitioner no. 1, N. Sarkar has been indicted as the representative of the firm which is not permissible in view of the provisions laid down u/s 305 of the Code of Criminal Procedure as the option lies with the firm itself to nominate its representatives. It appears that petitioner no. 2, G. S. Garcha is an Area Colliery Manager and that being so, he cannot be said to be employer under provisions of section 2 (I) (a) of Payment of Wages Act, as the Company is the only employer. Therefore, the impugned orders of cognizance as against these two petitioners are set aside and this application is allowed.