Penal provisions must be strictly construed, and a person cannot be criminally prosecuted on vague and unspecific allegations.

Narendra Nath Tiwari, J.

1. In this Cr.M.P the petitioner has prayed for quashing the order dated 11.4.2000 passed by the learned Chief Judicial Magistrate, Dhanbad in C.L.A. Case No. 154/2000 as well as the entire criminal proceeding of the said case. By the said order the learned Magistrate has taken cognizance of the offences against the petitioner under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act, 1970 [hereinafter referred to as 'the said Act'].

2. The petitioner is the Managing Director of M/s Bharat Coking Coal Limited (B.C.C.L) having its Head Quarters at Dhanbad. He has been sought to be prosecuted for violation of certain rules framed under the said Act. According to the complaint, the following irregularities were found: (i) Notices showing the rates of wages, hours of the work, wage periods, date of payment of wages, names and address of Inspector having jurisdiction and date of payment of unpaid wages have not been displayed in English and Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment. (ii) The changes and some of the particulars specified in the certificate of registration within the prescribed time were not intimated. (iii) The register of contractors has not been maintained in proper form and (iv) The return in the appropriate form etc has not been submitted.

3. Learned Court below on the basis of said allegations took cognizance of the offences under Sections 23/24 of the said Act against three persons including the petitioner who is the Managing Director of the B.C.C.L.

4. The impugned order taking cognizance has been challenged by the petitioner mainly on the following grounds: (i) He is the Managing Director of the B.C.C.L under which there are hundreds of such collieries (ii) The irregularity, if any, as alleged in the complaint, is at the particular colliery and the petitioner is not expected to visit each and every colliery every day, it is not also possible.

5. "Principal Employer" in the case of a mine has been defined under Section 2(g) of the Contract Labour (Regulation and Abolition) Act, 1970 as thus:

2(g) "Principal employer" means

....

(iii) In a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named,

6. Learned Counsel for the petitioner submitted that the petitioner being the Managing Director of the B.C.C.L does not come within the ambit of either the owner or the agent or the Manager of that particular mine. The prosecution against the petitioner is, thus, wholly malicious and frivolous and is an abuse of the process of the Court.

7. Learned Counsel appearing on behalf of the Union of India (O.P. No. 2), on the other hand, submitted that the petitioner being the Managing Director is over all In-charge of the colliery falling within him and that the words 'manager of the mine' therefore include the Managing Director of the B.C.C.L. He, being responsible for supervision and control of all the collieries falling within his jurisdiction, is liable for prosecution. The order taking cognizance of the offences under Sections 23/24 of the said Act against the petitioner cannot be said to be illegal or an abuse of the process of the Court and the impugned order taking cognizance does not warrant any intervention of this Court.

8. I have heard learned Counsel for the parties and considered their submissions as also the relevant aspects of the facts and law. The petitioner along with other two persons, who are the Project Officer and the Chief General Manager of the B.C.C.L, has been sought to be prosecuted and cognizance has been taken of the offences under Sections 23/24 of the said Act against them.

9. Sections 23 & 24 of the Contract Labour (Regulation & Abolition) Act, 1970 are reproduced herein below.

23. Contravention of provisions regarding employment of contract labour- Whoever contravenes any provision of this Act or of any rules made there