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SANJAY KUMAR DWIVEDI
Md. Fassihuddin – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Sunil Kumar Dubey, learned counsel for the State and Mr. Prashant Kumar Singh, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing of the entire criminal proceeding in connection with C-7 55/97 including the order taking cognizance dated 21.05.1997, whereby, the learned court has been pleased to take cognizance under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act, 1970 (herein after to be referred to as 'the Act, 1970') pending in the court of the learned Chief Judicial Magistrate, Chaibasa.
3. The complaint case has been filed alleging therein that accused persons 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 various other provisions of the Act, 1970 and rules made thereunder for their establishment. The establishment of the accused persons were inspected by the Assistant Labour Commissioner (Central)/Labour Enforcement Officer (Central) Chaibasa/Dhanbad/Koderma on 21.12.1996 at 12:20 p.m. when 1748 persons were fou
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 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 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 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 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....
Prosecution of corporate officers requires company involvement; statute of limitations must be honored, and specific allegations are essential for liability.
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