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SANJAY KUMAR DWIVEDI
Tata Consultancy Services Ltd. – Appellant
Versus
Union of India, through Secretary, Ministry of Labour and Employment – Respondent
JUDGMENT :
1. This petition has been filed for quashing the entire criminal proceeding in connection with C-III 222/2014 including the order taking cognizance dated 25.11.2014 whereby cognizance under section 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 has been taken against the petitioner which is pending in the court of ACJM, Ranchi.
2. The prosecution case has been lodged by the Labour Inforcement Officer (Central) who inspected the establishment on 24.03.2014 alleging therein that
(b) The accused person failed to display of notice showing the wage period and the place and time of disbursement of wages at the place of work and non submission copy thereof to the principal Employer under acknowledgement of the Inspector,
(c) The accused person failed to display of notices showing the Act and Rules in English and Hindi, and at the place of work,
(d) The accused person failed to maintain the Register of persons employed in Form XIII at the place of work or wit
The main legal point established is that the time limit prescribed under section 27 of the Contract Labour Act for filing complaints related to offences under the Act must be adhered to, and the magi....
The court emphasized the importance of adhering to the limitation period for filing complaints as prescribed by the Contract Labour (Regulation and Abolition) Act, 1970, and the requirement to specif....
Prosecution lacks authority to proceed with criminal proceedings based on a struck down notification.
The court quashed criminal proceedings due to improper cognizance and clarified limitation interpretation under the Contract Labour Act, emphasizing judicial scrutiny.
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 the importance of considering the punishable offense under Section 23 for violation of Section 10(1) of the Contract Labour (Regulation & Abolition....
The main legal point established in the judgment is the requirement for specific averments and roles of individuals in the complaint petition, as mandated by Section 25 of the Contract Labour (Regula....
The judgment established the requirement for specific allegations and evidence of vicarious liability for individuals under the Contract Labour Act, emphasizing the need for a role in the incriminati....
The central legal point established in the judgment is the importance of correctly applying the penal provisions of the Contract Labour (Regulation & Abolition) Act, 1970 and the necessity of specifi....
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