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SANJAY KUMAR DWIVEDI
Nirmal Kumar Agrawal, son of late Mahadeo Prasad Agarwal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Indrajit Sinha assisted by Mr. Rishav Kumar, learned counsel for the petitioners, Mr. Vijoy Kr. Sinha and Mrs. Ruby Pandey, appearing for the State.
2. In both the petitions, common question of facts and laws are involved and that is why all these petitions have been heard together with the consent of the parties.
3. In both the petitions, the prayer is made for quashing the entire criminal prosecution arising out of G.O. 18 of 2013 including the order dated 18.01.2013, whereby, cognizance of an offence under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (herein after to be referred to as the Act) against the petitioners, pending in the Court of learned Sub-divisional Judicial Magistrate, Seraikella-Kharsawan.
4. The opposite party no.2 lodged complaint dated 16.01.2013 alleging therein the complainant under the capacity of Inspector under the Contract Labour (regulation & Abolition) Act, 1970 along with Shri Arun Kumar Mishra, Factory Inspector, Circle-2, District Seraikella-Kharsawan and Shri Satyendra Kumar Singh, Labour Enforcement Officer, Gamharia, District Seraikella Kharsawan conducted an inspection with regard to contractor M/s Bha
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....
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 requirement for the company to be made an accused and the accused to be responsible for the day-to-day affairs of the company under Section 25 of the Contract Labour (Regulation and Abolition) Ac....
The liability of individuals under the Contract Labour Act is contingent on their involvement in the day-to-day affairs of the company and specific averments regarding their roles in the business of ....
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....
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