Back
ROBIN PHUKAN
Kaushik Baruah, S/o Anil Barua – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. R. Sharma, learned Senior Counsel assisted by Ms. P. Phukan, learned counsel for the petitioner. Also heard Mr. R. Dubey, learned counsel for the respondent No.2 and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.
2. In this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner, namely, Shri Kaushik Baruah has prayed for quashing the C.R. Case No.4152/2013, under Section 4/6 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as “the 1979 Act”) read with Section 25 of the 1979 Act and the order dated 28.05.2015 passed by the learned S.D.J.M.(S) No.1, Kamrup(M), Guwahati, in C.R. Case No.4152/2013.
3. It is to be noted here that the above-noted case has been registered on the basis of one complaint lodged by Shri Prasenjit Talukdar, Labour Inspector cum Inspector under the 1979 Act and the Rules framed thereunder.
4. The background facts leading to filing of the present petition is adumbrated herein below:-
The central legal point established in the judgment is the determination of the applicability of the Contract Labour (Regulation and Abolition) Act, 1970 to the petitioners' business operations, and ....
The main legal point established in the judgment is that the definition of 'principal employer' under the Contract Labour (R&A) Act, 1970, is crucial in determining liability under the Act.
The main legal point established is that under the Contract Labour (Regulation and Abolition) Act, 1970, officers of a company can only be prosecuted if the company is made accused, and specific alle....
The mere issuance of a prohibition notification under Section 10 of the CLRA Act does not automatically lead to the absorption of contract labour as employees of the principal employer; such a determ....
The central legal point established in the judgment is the direct employment of artisans/karigars by the petitioners for work connected with the establishment, as interpreted under the Employees' Sta....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
