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SANJAY KUMAR DWIVEDI
Subuir Ghosh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Indrajit Sinha along with Mr. Rishav Kumar, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Laxman Kumar, learned counsel for opposite party no.2.
2. This petition has been filed for quashing of entire criminal proceeding in connection with C.L. (R&A) Act Prosecution Case No.170 of 2012 including the order taking cognizance dated 21.11.2012, pending in the court of the learned Judicial Magistrate, Dhanbad.
3. The complaint was filed by the Labour Enforcement Officer (Central), who has been appointed as an Inspector under Contract Labour (Regulation and Abolition) Act, 1970, wherein, it has been alleged that the accused person are responsible for the affairs of the company and is the principal employer and carrying out the contract work of removal of overburden, extraction and transportation of coal from XV seam hired HEMM patch of Bhowra (South) Colliery, Eastern Jharia Area, Bharat Coking Coal Limited by employing contract labour. The complainant being an Inspector had inspected the establishment of the accused person on 22.08.2012 and observed the offence that any contravention of Section 10(1) of the Contract Labou
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 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 ....
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 the requirement for specific averments and roles of individuals in the complaint petition, as mandated by Section 25 of the Contract Labour (Regula....
The central legal point established in the judgment is the importance of correctly applying the penal provisions of the Contract Labour (Regulation & Abolition) Act, 1970 and the necessity of specifi....
The main legal point established in the judgment is the importance of considering the punishable offense under Section 23 for violation of Section 10(1) of the Contract Labour (Regulation & Abolition....
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