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SANJAY KUMAR DWIVEDI
Bijaya Chandra Nayak @ B. C. Nayak, son of Sri Chandra Mani Nayak – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Anup Kr. Mehta, learned counsel for the petitioner, Mr. V.S. Sahay, learned counsel for the State and Mrs. Bakshi Vibha, learned counsel for the O.P. No. 2.
2. This petition has been filed for quashing of entire criminal proceeding in connection with CLA Case No. 169/2012 including the order dated 21.11.2012 whereby the learned Magistrate has been pleased to take cognizance of an offence under section 23 of the Contract Labour (Regulation and Abolition) Act, 1970, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.
3. The prosecution case arises out of a written complaint lodged by the O.P. No.2 alleging interalia that O.P. no.2 inspected the establishment of N.P. Patch of Kuinyan Open Cast Project under bastacolla Area of BCCL on 23.08.2012 and observed that in contravention of Section 10(1) of the Contract Labour (R&A) Act, 1970 the Principal employer has engaged 50 contract labours through M/s At Libra JV, the contractor for executing the contract work of hiring of HEMM for removal of O.B. extraction and transportation of coal at N.P. Patch of Kuinyan OCP which is prohibited by a notification SO 2063 dated 21.06.1988. A show-cause notice d
The main legal point established in the judgment is that the definition of 'principal employer' under the Contract Labour (R&A) Act, 1970, is crucial in determining liability under the Act.
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 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 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 ....
Absorption of contract labour – There is no provision under Section 10 of CLRA Act that workers/employees employed by contractor automatically become employees of appellant and/or employees of contra....
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