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1980 Supreme(Pat) 181

NAGENDRA PRASAD SINGH, GOVIND MOHAN MISRA
J. P. Gupta – Appellant
Versus
Union Of India – Respondent


Judgment

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. w



































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