BHARTI AIRTEL LTD Vs. STATE OF BIHAR
LAWS(PAT)-2017-10-22
HIGH COURT OF PATNA
Decided on October 10,2017

BHARTI AIRTEL LTD Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

Sanjay Kumar, J. - (1.)The present criminal miscellaneous under Section 482 of the Cr.P.C. has been filed to quash the order dated 04.01.2010 passed by CJM, Bhagalpur in Complaint P.S.Case No.11 of 2010 whereby and whereunder the learned Magistrate took cognizance for the offences under Sections 32 and 34 of the Bihar Shops and Establishment Act, 1953 and issued process against the petitioner and other co-accused.
(2.)Heard learned counsel for the petitioner and learned APP for the State.
(3.)The facts in brief is that the Opposite Party No.2 being Labour Superintendent, Bhagalpur inspected the premises of the petitioner along with other officials. In course of inspection, it was found that the office of the petitioner was not registered under Section 6 and rule 3(1) of the Act. At the time of inspection, nine employees were found working but they were not provided with service card under Section 12(b) and rule 12(a) of Bihar Shops & Establishments Act. The company did not produce attendance/payment and other registers as required under the Act. The learned CJM as per impugned order took cognizance against the petitioner and other co-accused on the basis of complaint of Labour Superintendent.


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