Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 is a non-obstante clause that overrides other provisions of the Act and applies to all establishments irrespective of the number of workers employed. Mens rea is an essential ingredient of the offence under section 23 of the Act.

JUDGMENT - S.W. PURANIK, J.:--- Both these petitions under section 482 of the Criminal Procedure Code are being disposed of by this common judgment, inasmuch as they arise out of the same case, being Criminal Case No. 2214 of 1984, on the file of Judicial Magistrate, First Class, 2nd Court, Nagpur. The applicant in Criminal Application No. 501 of 1984, Shri S.B. Deshmukh, Chief Regional Manager, State Bank of India, Nagpur, is accused No. 1 in the said prosecution, while the applicant in Criminal Application No. 522 of 1984, M/s.Yasha Pest Control, is accused No. 2 in the said criminal case. These two accused have preferred these two criminal applications under section 482 of the Criminal Procedure Code. The non-applicant No. 1 in both these criminal applications is the State represented through the Labour Enforcement Officer (Central), Nagpur.

2. The facts leading to the present prosecution are not disputed. The applicant in Criminal Application No. 501 of 1984, Shri S.B. Deshmukh, is the Chief Regional Manager of the State Bank of India. He has the administrative control over the branches of the said Bank in Vidarbha region. The applicant in Criminal Application No. 522 of 1984, M/s. Yasha Pest Control, is a contractor who supplies labours, and the said contract labours are employed in the establishment of the State Bank of India, Nagpur.

3. The complainant -Labour Enforcement Officer, filed a Criminal Complaint No. 2214 of 1984 against these two applicants under sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the 'Act'). The allegations in the said complaint are that the Labour Enforcement Officer, (Central), Nagpur, had inspected the establishment of the accused No. 1- State Bank Of India, under the provisions of the above Act and the Rules made thereunder, and observed the following irregularities :

"Employment of contract labour through M/s. Yasha Pest Control, Contractor is prohibited category work in contravention of section 10(1)."

It is further alleged that the inspection report dated 14-4-1984 was delivered to the accused pointing out the above infringements.

4. According to the complainant, the accused by not implementing the provisions of the Act and the rules made thereunder have committed an offence and rendered himself for penalty under sections 23 and 24 of the Act. The complainant, therefore prays for issue of process against the accused.

5. Both these criminal applications invoking the inherent powers of this Court under section 482 of the Criminal Procedure Code pray for quashing of the Complaint Case No. 2214 of 1984 as the same is in clear and gross abuse of the process of the Court and is meant only to harass the applications.

6. The inspection report dated 14-4-1984, which is the basis of the present prosecution, is at Annexure-3. It states in Item No. 6 of the particulars that 12 workers were found working as contract labours on 14-4-84, employed through the contractor M/s. Yasha Pest Control, in the establishment of the State Bank of India. It further states that such employment of contract labours for maintenance-cleaning and dusting of the building of the State Bank of India is in breach of section 10(1) of the Act after prohibition issued under Government of India Notification No. 779(E) dated 9-12-1976.

7. The trial Judge, on perusal of the complaint, has passed the following Order---

"The complaint is presented by Labour Enforcement Officer Shri Atisykumar. Register it and issue summons to the accused for an Offence punishable under sections 23 and 24 of Contract Labour (Regulation and Abolition) Act, 1970."

The accused 1 and 2 were directed to appear on 7-8-1984. On learning of the issuance of summons, the State Bank of India, through Shri S.B. Deshmukh, presented this petition on 2-8-1984 in this court, while the accused No. 2, Yasha Pest Control, presented its petition on 7-8-1984, Rule has been issued and made returnable early. Interim

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