NAGENDRA PRASAD SINGH, J.

1. The petitioners in these applications have questioned the authority of the respondent- Labour Enforcement Officer to launch prosecution of the petitioners for an offence under Section 23 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter to be referred to as the Act). They have also challenged the legality of the orders passed by the respondent Chief Judicial Magistrate/Subdivisional Judicial Magistrate summoning them to stand trial for the offence under the aforesaid section. The applications had been filed under Arts. 226 and 227 of the Constitution of India on the assumption that the petitioners were being prosecuted for having contravened a notification issued under sub-section (1) of S. 10 of the Act, which, according to them, is ultra vires. However, during the course of hearing S. 482 of the Cr. P. C, 1973 was also added. As common questions of law are involved in these applications, they were heard together.

2. The petitioners in these applications are Area General Manager, Superintendent of Mines and other officials of different collieries which belong to the Central Coal Fields Limited or Bharat Coking Coal Ltd. which are Government companies within the meaning of S. 617 of the Indian Companies Act, 1956. The mining rights in various coal fields were acquired under the provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1973 and after acquisition the rights were transferred to the Government Companies mentioned above, who are carrying on the mining operations.

3. From time to time provisions have been made under the different enactments regulating the mining in different fields, in order to ensure safety and to eliminate malpractices. One of such enactments is the Act aforesaid. The preamble of the Act says that it is to regulate the employment of contract labour to certain establishments and "to provide for the abolition in certain circumstances". Sub-section (4) of Sec. 1 provides that the provision of the Act applies to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding 12 months as contract labour. Section 2 (2) (b) defines contract labour as follows :

"a workman shall be deemed to be employed as contract labour in or in connection with the work of an establishment when he is hired in or in connection with such work by or, through a contractor, with or without the knowledge of the principal employer."

Section 2 (2) (e) defines establishment as follows :

"establishment means (i) any office or department of the Government or a local authority, or

(ii) any place where any industry, trade, business, manufacture or occupation is carried on."

Section 2 (2) (g) defines "principal employer". The relevant portion thereof is as follows: "Principal employer means

(iii) In a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named."

Under Section 3 the Central Government has to constitute a Board to be called the Central Advisory Contract Labour Board, known as Central Board, to advise the Central Government on such matters arising out of the administration of the Act. Section 7 requires every principal employer of an establishment to which the Act applies, to make an application to the registering officer for registration of the establishment. Section 8 contains the provision for revocation of the registration under certain circumstances. Section 9 provides the effect of non-registration and says that no principal employer of an establishment to which this Act applies shall employ contract labour in the establishment, in case of an establishment required to be registered under Section 7, but has not been registered or in case of an establishment in respect of which the registration has been revoked under Section 8. Section 10, is as follows:

"(1) Notwithstanding anything contained in this Act, the appropriate Government may, af