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