Shabbir Hussain And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17363 of 2009 Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA =========================================================== Shabbir Hussain & Ors .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

Mr. B.B.Sharan Mr. Kunj Bihari Sharan Mr. Sourendra Pandey Mr. Nalin Vilochan Tiwary For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-07-2015 The petitioner seeks quashing of the order of cognizance dated 19.07. 2007 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No. 2324/01/2007, Tr. No. 231 of 2007 under the provisions of Minimum Wages Act.

The case of the complainant Factory Inspector is that the petitioners' factory is paying minimum wages to its employees as per the law.

It has been submitted on behalf of the Company that after the company was noticed they stated therein that the requirement of minimum wages would not be applicable during pendency of adjudication proceeding under the Industrial Disputes Act and hence they were not liable for prosecution. However, without considering

Patna High Court Cr.Misc. No.17363 of 2009 dt.17-07-2015 2/2 the aforesaid, the present complaint was instituted even though the law is clear on this point.

Having gone thorough records I would be inclined to agree with the submissions so raised on behalf of the petitioners. Hence, the application is allowed and the order of cognizance dated 19.07. 2007 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No. 2324/01/2007 Tr. No. 231 of 2007 is hereby side. (Anjana Prakash, J) Prakash/- U T