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SHEKHAR B. SARAF
Maple Hotels & Resorts Ltd. (formerly known as Darjeeling Plantation Industries Limited) – Appellant
Versus
Assistant Labour Commissioner, Plantation, Birpara, Jalpaiguri – Respondent
JUDGMENT :
Shekhar B. Saraf, J.:
1. The instant criminal revisional application has been filed under Section 482 of the Code of Criminal Procedure, 1973. The petitioner company seeks quashing of the proceedings being Complaint Case No. CR-138 and 139 of 2002 pending before the Learned Chief Judicial Magistrate, Jalpaiguri initiated by the Opposite Party No. 1 purportedly under Section 36 of the Plantation Labour Act, 1951 (hereinafter referred to as “the said Act”) and West Bengal Plantation Labour Rules, 1956 (hereinafter referred to as “the Rules”) framed thereunder.
Facts:
2. The allegation in the complaint case is that the accused persons being associated with the administration of Kathalguri Tea Estate and having control over the affairs of the Tea Estate are “Employers”, in relation to that Tea Estate, have violated the provisions of Plantation Labour Act, 1951 and the West Bengal Plantation Labour Rules, 1956. According to the complaint, the petitioner have violated the W.B. Plantation (W.O.) Rules, 1979, namely:
(a) Rule 4 – Non appointment of Labour Welfare Officer.
(b) Rule 22 (5) – Non-appointment of a qualified Medical Practitione
The main legal point established is that a complaint can be deemed a case of malicious prosecution if it is retaliatory in nature and lacks merit. Additionally, the involvement of the company as an a....
Prosecution under the Plantations Labour Act is barred by limitation if filed beyond three months from the date of knowledge of the alleged offence, and lack of workers negates liability.
The liability of officers of a company under the Contract Labour (Regulation and Abolition) Act, 1970 is contingent upon their involvement in the day-to-day affairs of the company, and the prosecutio....
It is well settled that at stage of issuing process, Magistrate is mainly concerned with allegations made in complaint or evidence led in support of same and Magistrate is only to be satisfied that t....
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