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2024 Supreme(Cal) 12

SHAMPA DUTT (PAUL)
M/s. Bharat Kolkata Container Terminals Pvt. Ltd. – Appellant
Versus
Government of India (Ministry of Labour & Employment), Kolkata – Respondent


Advocates appeared:
For the Petitioners:Sandipan Ganguly, Ld. Sr. Advocate, Soumyajit Chowdhury, Pratik Shanu, Megha Shaw, Advocates. For the Respondents:Arun Kr. Maity, Sagar Saha, Advocates.

JUDGMENT

1. The present revision has been preferred praying for quashing of proceeding in CS/6041/2019 now pending before the Learned Metropolitan Magistrate, 11th Court at Calcutta under Section 14(2)(a) of The Dock Workers (Safety, Health and Welfare) Act, 1986 and Regulation 107(1) and 116 of The Dock Workers (Safety, Health and Welfare) Regulations, 1990 and all orders passed therein including the order dated 01.02.2019 and the order dated 3rd July, 2019.

2. The petitioners’ case is that the petitioner No.1 is a company duly incorporated and registered under the provisions of the Companies Act, 1956, having its office at the address mentioned in the cause title of the instant application. The petitioner no.1 is also an existing company within the meaning of the Companies Act, 2013.

3. The petitioner no. 2 is employed as a Director with the petitioner no. 1 company.

4. It is stated that the petitioners have been falsely arraigned and implicated in the instant case at the behest of one Sri D. K. Saxena, Deputy Director (Safety), Inspector under The Dock Workers (Safety, Health & Welfare) Act, 1986, being the Opposite party to the instant application.

5. The petition of complaint is as

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