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SANJAY KUMAR DWIVEDI
S. N. Subrahmanyan S/o Late S. S. Narayanan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Ajit Kumar, the learned Senior counsel assisted by Mr. Nitin Kumar Pasari, the learned vice counsel appearing on behalf of the petitioner and Ms. Shresha Sinha, the learned counsel appearing on behalf of the respondent-Union of India.
2. This petition has been filed for quashing the order dated 20.12.2013 by which cognizance of offence under the Minimum Wages Act has been taken against the petitioner. Further prayer is made for quashing the orders dated 20.09.2016, 24.01.2017, 26.07.2018, 27.03.2019 and 27.06.2019 whereby bailable warrant, non-bailable warrant, processes under section 82 and under section 83 Cr.P.C. and permanent warrant, respectively, have been issued against the petitioner.
3. The complaint was filed stating therein that:
The liability of officers of a company under the Contract Labour (Regulation and Abolition) Act, 1970 is contingent upon their involvement in the day-to-day affairs of the company, and the prosecutio....
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....
Specific allegations linking individuals to the company's conduct are crucial for establishing vicarious liability under the Minimum Wages Act.
The company must be summoned as an accused in Section 138 N.I. Act cases for proceedings against its Directors to be valid.
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