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SANJAY KUMAR DWIVEDI
Md. Fassihuddin – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
Heard Mr. Ajay Kumar Sah, learned counsel appearing for the petitioner, Mr. V.K. Sinha, learned A.P.P. for the State and Mr. Shiv Kumar Sharma, learned C.G.C. for the O.P. No. 2.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 05.04.1997, whereby the learned court has taken the cognizance under Sections 23/24 of the Contract Labour Act against the petitioner, in connection with C-7 45/97, pending in the court of learned Chief Judicial Magistrate, Chaibasa.
3. The prosecution story in brief is that by his letter No. 34/28/96- KTG/CHB dated 17.03.1997 the office of the Labour Enforcement Officer (Central), Chaibasa annexed a complaint petition before the Chief Judicial Magistrate, Chaibasa against two officers of M/s Tata Iron and Steel Company Ltd. one being Md. Fassihuddin, General Manager (the present petitioner) and another Mr. J.P. Mishra, Agent and Manager. It was alleged in the aforesaid complaint petition that the aforenamed accused person were executing the work of Iron Mining at Noamundi Iron Mine of M/S TISCO Ltd. and are responsible for the maintenance of registers/records and observance of
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 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 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 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....
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