Bharat Heavy Electrical Limited v. State of H.P.
(2014) 2 CLR 461
In the High Court of Himachal Pradesh
Cr.MMO 4100/2013
Before Justice Rajiv Sharma
Decided on April 26, 2014

Relevancy of the case: Liability of a company director under Section 85 of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 85)
• The Negotiable Instruments Act, 1881 (Section 138, 141)
• The Minimum Wages Act, 1948 (Section 18, 19, 22C)
• The Companies Act, 1956 (Section 2(13), 291, 292, 293)

Relevant Facts of the Case

• The present petition seeks to quash the summons order and criminal proceedings initiated against the petitioner under Section 18 of the Minimum Wages Act, 1948.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the company is a necessary party in the dispute.

Opinion of the Bench

• The court relied on various judgements and interpreted Section 22C of the Minimum Wages Act, 1948 in light of Section 141 of the Negotiable Instruments Act, 1881 and Section 85 of the Information Technology Act, 2000.
• It is necessary to make the company an accused for prosecuting the director.

Final Decision

• The court allowed the petition and quashed proceedings against the petitioner.