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 and removal of over burden for extraction of coal at L-6 Patch of Rajapur Open Cast Project under Bastocolla Area of M/s BCCL which is prohibited by a notification SO 2063 dated 21.06.1988. A show cause notice dated 21/26.11.2012 was served. In paragraph 7 of the complaint it has been stated that the petitioner as well as the accused contractor has jointly committed the offence. The said complaint was registered as CL (R&A) Prosecution Case No. 29/2013.

4. Mr. A. K. Mehta, learned counsel for the petitioner submits that the O.P. No. 2 has committed a gross error in implicating the petitioner as the Principal accused no. 1 although the company namely, M/s Bharat Coking Coal Limited has not been made an accused. He further submits that the expression “establishment” has been defined under section 2(e) of the CL (R & A) Act, 1970, to mean-(i) Any office or department of the Government or a local authority or: (ii). Any place where any industry, trade, business, manufacture or occupation is carried. He further submits that the expression “principal employer” has been defined in section 2(g) of the CL (R & A) Act and section 2(g) (iii) provides that the principal employer in relation to a mine would be the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named. He submits that the petitioner is neither the owner of Rajapur Open Cast Project nor the agent. He is also not the manager of Kujama. He is also not the principal employer. He submits that the petitioner at the relevant time was the General Manager, Bastacolla Area of M/s BCCL. He submits that in the light of Section 7 of the CL (R & A) Act provides registration of certain establishment. He submits that the establishment of Rajapur Open Cast Project of BCCL has been registered as an establishment under sub section 2 of section 7 of the Act by the Registering Officer cum Assistant Labour Commissioner (C) Dhanbad-IV. He further submits that the petitioner was General Manager of Bastacolla Area of M/s BCCL and he is neither the owner of Rajapur Open Cast Project nor the agent and in that view of the matter the entire criminal proceeding may be quashed.

5. Learned counsel for the O.P. No. 2 submits that the prosecution complaint filed against the petitioner is just and proper and as per the provision of law for the violation of Section 10(1) of the Contract Labour (R&A) Act, 1970. She submits that the petitioner is General Manager, representing the Bastacolla Area of M/s BCCL and responsible for all affairs of the company related to work carried out a Rajapur Open Cast Project/Colliery of BCCL. She submits that the accused is Principal Employer within the meaning of Sub-Section 1(g) of Section 2 of Contract Labour (Regulation & Abolition) Act, 1970