Court No. - 49 Case :- APPLICATION U/S 482 No. - 34241 of 2009 Petitioner :- The N.T.P.C. Ltd./Singrauli Super Thermal Power Station Respondent :- State Of U.P.And Another Petitioner Counsel :- A.N. Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
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