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1986 Supreme(Pat) 39

ANAND PRASAD SINHA
Indian Iron And Steel Co. Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

Anand Prasad Sinha, J.

1. Since both these applications arise out of the same order in the same case, they have been heard together and are being disposed of by this common judgment.

2. In Criminal Misc. No. 273 of 1981 (R) petitioner No. 1 is the Company and petitioner No. 2 has been described to be the Area Manager and in Criminal Misc. No. 323 of 1981 (R) the petitioner is a Contractor. These two applications have been directed against the impugned order dated 27th September 1980 passed by the learned Chief Judicial Magistrate, Dhanbad in C.L.A. (Cr.) Case No. 55 of 1980 by which the learned Magistrate has taken cognizance against the petitioners for an offence under Sec.23 of the Contract Labour (Regulation & Abolition) Act, 1970 (hereinafter to be referred to as the Act).

3. The prosecution in question has been launched for violation of notification dated February 1, 1975 published in the Gazette of India Part II, Sec.3(II) on 15th February 1975 (Annexure-1). It appears that the aforesaid notification has been issued under the powers conferred by Sub-section (1)of Sec.10 of the Act. From a perusal of the notification in question, it appears that the employment of contr




















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