SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(HP) 133

VIVEK SINGH THAKUR
NIKHIL S. NAYAK, SON OF SHRI SHANTI LAL NAYAK – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH LABOUR INSPECTOR, BADDI CIRCLE, BADDI, DISTRICT SOLAN HP – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI NARESH KUMAR SOOD SR. ADVOCATE WITH MR.AMAN SOOD, ADVOCATE
For the Respondent:SHRI DINESH THAKUR, ADDITIONAL ADVOCATE GENERAL

ORDER :

These two petitions being identical in nature, involving identical questions of facts and law, are being decided by this common order.

2. Petitioner, an accused in cases Nos. 21/3 of 2018 and 61/3 of 2018, both titled as State of HP vs. Nikhil Nayak filed by Labour Inspector under Sections 28(3), 29(1), 35(2)(n) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter ‘the Act’) and Rules 75, 78(2), (a), (e), (d), 80(4) and 82(1) of the Contract Labour (Regulation and Abolition) Rules, 1978 (in short “the Rules”) pending adjudication in the Court of learned Judicial Magistrate First Class, Nalagarh, District Solan, has approached this Court for quashing the complaints and consequential trials arising thereto, mainly on the ground that he had never been a Contractor or Sub Contractor under the Act for supplying contract labour for any work of establishment namely M/s Mondelez India Foods Private Limited (in short ‘MIFPL’), (former Cadbury India Limited), at any point of time and, therefore, for any lapse in supplying the labour or maintaining the record related thereto under the Act or Rules framed thereunder, petitioner is not liable to be prosecuted and punis

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      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

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top