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9. Now in these circumstances, it has been urged that the prosecution of the petitioner is an abuse of the process of the Court. No where in the complaint petition, it has been said that this petitioner was In charge of the business and was in control of the business.

10. Learned Counsel appearing on behalf of the State has, however, contended that against the name of this petitioner the designation which he holds in the company, has been mentioned. Where the offence has been committed by the Company, then the company as well as every person in charge of, responsible to, for the conduct of the business at the time of commission of the offence, shall be deemed to be guilty of the offence. The petitioner has been designated as Vice-Chairman and Managing Director of the Company and the West Bokaro Colliery of the Tata Iron and Steel Company Ltd. at Ghatotand, belongs to the said Company. This being so, all persons responsible for the conduct of the business of the company are responsible and the petitioner, being the managing director of the company, cannot escape the liability. In the complaint petition, Annexure 1, it has been clearly described that the accused persons are principal employers under the meaning of the Act in respect of the said colliery. The definition of the employer as given in the Mines Act reads as follows: