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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. Tapas Roy, 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 CL (R & A) Prosecution Case No. 29/2013 including the order dated 15.01.2013 whereby the learned Magistrate has been pleased to take cognizance of an offence under section 23 and 24 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 filed by the O.P. No.2 alleging interalia that the complainant is the Labour Enforcement Officer (Central) having jurisdiction over the establishment of the accused person. The O.P. No. 2 inspected the establishment of Rajapur Open Cast Project L-6 Patch at Bastacolla Area of BCCL on 18.10.2012 and observed that in contravention of section 10(1) of the Contract Labour (R&A) Act, 1970 the Principal employer has engaged 29 contract labours through M/s Calcutta Industrial Supply Corporation, the contractor for executing the contract work of earth cutting
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 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 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 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 ....
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