The main legal point established in the judgment is the strict adherence to procedural requirements and the limitation period under the Contempt of Courts Act for initiating contempt proceedings.

S. MURALIDHAR, J.

1. These are three applications - two by Hero Motocorp Ltd. (“HML”) (Petitioner No.1 and 5 respectively in Crl M.C. Nos. 2451 and 2462 of 2013) and one by Mandeep Singh (Petitioner No.1 in Crl M. C. No. 2525 of 2013) -seeking initiation of “appropriate criminal proceedings” against Mr. Roop Darshan Pandey, Director of M/s Brain Logistics Private Limited (“BLPL”) (Respondent No.2) alleging that he has scandalized and lowered the authority of this Court and has prejudiced the due course of the pending judicial proceedings.

2. Crl. MCs 2451/2013 and 2462/2013 by HML and its directors and Crl M.C. No. 2525 of 2013 by Mandeep Singh the Proprietor of M/s Surya Enterprises and others are petitions against the State (Respondent No.1) and BLPL under Section 482 of the Code of Criminal Procedure (“Cr PC”) questioning an order dated 4th January, 2013 passed by the learned Metropolitan Magistrate (“MM”), rejecting the status report of the police and directing, in the application filed by BLPL under Section 156(3) Cr PC, that the accused named in the complaint made by BLPL be summoned. The MM directed that an FIR be registered against the accused named in the complaint under Sections 406/420/467/469/471 and 120B of the Indian Penal Code (“IPC”).

3. The brief background to the said complaint by BLPL was that HML had engaged BLPL for providing Warehouse Operation Management and related services by entering into a Job Contract Agreement (“JCA”) on 12th October 2001. Under the same JCA, BLPL was to provide warehouse management services within the premises of the factory of HML’s Spare Parts Division at Gurgaon. From out of the agreed consideration paid by HML to BLPL, the latter was to pay the wages for the labour force provided by it and also provide payment of PF, Gratuity and other entitlements. According to HML, a regular PF Account had been opened by BLPL with the PF Authorities and each worker had been given a particular PF Account through which the PF amounts would be deposited for the benefit of the workers. BLPL was also required to comply with the other beneficial provisions provided by statutory law including the Factories Act, Payment of Minimum Wages Act, Bonus Act.

4. According to HML, it noticed sometime in 2005 that BLPL had been inflating the number of workers. In order to correct this anomaly, on 1st December 2005 another agreement was entered into between the parties. The system of BLPL receiving 10% service charges was given up. Instead, a fixed monthly remuneration of Rs.2 lacs (+ Rs.40,000/- as overhead expenses of manpower management) was adopted.

5. According to HML, the problem continued with BLPL raising remuneration bills under both payment schemes thereby receiving extra payments. According to HML, it is only in 2009 that BLPL was confronted with the said double claim. In a meeting held on 28th October 2009, it was agreed that the excess payment received by BLPL would be recovered against its future entitlements. Thereafter, according to HML, the conduct of BLPL became dishonest and vindictive and relations between the two parties became strained, which also affected the morale of the work force. The contract had come to an end on 31st March, 2009 by efflux of time and thereafter the agreement continued on a month-to-month basis.

6. On 30th March, 2010, HML wrote to BLPL communicating the termination of the contract. The next agency that was engaged by HML to carry on the work earlier being performed by BLPL, was M/s Surya Enterprises, of which Mandeep Singh, the Petitioner in Crl. MC No.2525/2013 is the sole proprietor. More than 500 workers, who had earlier worked for BLPL, had been rendered jobless as a result of the termination of contract. These workers resigned from BLPL and joined M/s. Surya Enterprises, with similar wages and benefits and working in the same premises of HML where they were previously working for BLPL. Since these workers had joined M/s Surya Enterprises with effect from