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2022 Supreme(Jhk) 939

SANJAY KUMAR DWIVEDI
Ravi Kant, Son of Late Rajni Kant – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. V.P. Singh, Sr. Advocate, Mr. A.K. Das, Advocate, Mrs. Rashmi Kumar, Advocate, Mr. Shivam Utkarsh Sahay, Advocate
For the Opposite Party : Mr. Arup Kumar Dey, A.P.P.

JUDGMENT :

This petition has been filed for quashing the entire criminal proceeding in connection with C/2 Case No. 2218 of 2005 including the order dated 08.06.2005 passed by the learned Chief Judicial Magistrate, Jamshedpur, whereby, cognizance has been taken against the petitioners for the offences punishable u/s 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 (hereinafter to be referred to as the Act).

2. A written complaint was filed by the opposite party No. 2 in the capacity of Labour Superintendent-cum-Inspector, Jamshedpur in which it was stated that M/s. Tata Motors Ltd., Jamshedpur is a factory registered under the Factories Act, 1948. It has further been stated that in terms of Govt. Notification No. 1721 dated 30.1.1977 contract labour was banned in Telco Limited since renamed as M/s. Tata Motors Ltd. An enquiry was conducted on surprise inspection on 18.12.2004 in the premises of Tata Motors Ltd. and as per the enquiry report it was found that inspite of prohibition by the Government contract labour work was going on and it was further found that M/s. Mahadev Enterprises was doing the job of moving materials in foundry store section which was prohibited

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