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VIVEK SINGH THAKUR
Nikhil S. Nayak S/o Shri Shanti Lal Nayak – Appellant
Versus
State of Himachal Pradesh – Respondent
ORDER :
1. 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 puni
A person shown as contractor by establishment, without his knowledge and consent, does not acquire the status of contractor in absence of any document to substantiate his status as contractor.
The main contractor is liable to obtain a labor license for all workforces, including those of sub-contractors, under the Contract Labour Act if the total number exceeds 20 workers.
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 requirement for the company to be made an accused and the accused to be responsible for the day-to-day affairs of the company under Section 25 of the Contract Labour (Regulation and Abolition) Ac....
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....
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