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SANJAY KUMAR DWIVEDI
Chittaranjan Choudhary S/o Late Bedanand Choudhary – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
2. This petition has been filed for quashing the order dated 17.07.2013 passed by the learned Chief Judicial Magistrate, Dhanbad in Contract Labour (Regulation and Abolition) Act, 1970 Prosecution Case No. 234 of 2013 whereby cognizance has been taken under section 23 and 24 of the said Act, pending in the court of learned Judicial Magistrate, 1st Class, Dhanbad.
3. The complaint was filed stating therein that on 23.04.2013 the complainant inspected the premises of the establishment and found violation of sections 7 and 9 of the Contract Labour (Regulation and Abolition) Act, 1970 as there had been engagement of more than 20 workers through different unregistered contractors and there was no display of notice containing the rates of wages, hours of work, wages period, date of payment of wages, etc. and that is why notice was issued to the company.
4. It h
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....
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....
Prosecution lacks authority to proceed with criminal proceedings based on a struck down notification.
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....
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 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 court emphasized the need for the Competent Authority to address the alleged violation of license conditions under the Contract Labour Act.
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....
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