S. P. Singh and Gurusharan Sharma and jj. JJ.

1. -the petitioners herein have impugned the order passed by the Chief Judicial magistrate, Dhanbad, in C. L. A. Case No.21 of 1977 dated 28.10.1977, whereby cognizance has been taken of the offences under Sections 23 and 24 of the Contract labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act) and process has been issued against both the petitioners. Petitioner no.1 herein is M/s Indian Iron and Steel company Limited, an incorporated Company, and its Chief executive (Collieries), Chasnala Colliery, namely, Satya Pal Puri, is petitioner no.2.

2. The impugned order was passed by the Chief Judicial Magistrate on the complaint made to him by the Labour Enforcement Officer alleging that the petitioners had engaged 160 contract labour for overburden removal through its Contractor, M/s continental Construction Pvt. Ltd. , despite the prohibition contained in the notification issued by the Government of India dated 1st February, 1975, under Sec.10 (1) of the Act.

3. The petitioners contend that the violation of any notification issued by the appropriate Government under Sec.10 of the Act does not amount to an