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 prosecution must demonstrate this involvement to establish liability.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. These two matters have been tagged together and the petitioners are same.

2. Cr. M.P. No. 664 of 2020 is arising out of Contract Labour (Regulation and Abolition) Act, 1970 and Cr. M.P. No. 612 of 2020 is arising out of Minimum Wages Act, 1950.

3. Let Cr. M.P. No. 612 of 2020 be detached from these cases and be placed on 09.12.2021.

Cr. M.P. No. 664 of 2020

4. Heard Mr. Ajit Kumar, the learned Senior counsel assisted by Mr. Nitin Kumar Pasari, the learned vice counsel appearing on behalf of the petitioners and Mr. Rajiv Sinha, the learned A.S.G.I. appearing on behalf of the Union of India-O.P. No. 2.

5. This petition has been filed for quashing the entire criminal proceeding including the orders dated 22.02.2014 by which cognizance of the offence has been taken as against the petitioners. Orders dated 15.12.2014, 25.06.2015 and 23.09.2019 whereby the learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat has issued Bailable Warrant, Non-bailable Warrant, Processes under section 82 Cr.P.C. respectively against the petitioners in connection with Complaint (LEO) Case No. 17 of 2014, pending in the court of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat, Bokaro have also been challenged in the petition.

6. The Opposite Party No. 2 filed the complaint on 17.02.2014 alleging therein as under:

(A) The Opposite Party No. 2 has been appointed as an Inspector under Sub Section 1 of the Section 28 of the said Act, vide Gazette of India Part II Section 3 (ii) dated 12th December, 1987 P-3461 (F-160-14/20/87) of the Government of India, Ministry of Labour, New Delhi.

(B) The petitioners are contractors engaged for the work of Erection Terting and Commissioning of 1X300 MW Steam Turbine for ‘A’ Plant D.V.C. B.T.P.S. and P.O. and P.S. Bokaro Thermal, District Bokaro. Engaged more than 24 male and 2 female contract labours. Thus, the petitioners are contractors as per Section 2(1)(e) of the said Act.

(C) That the Opposite Party No. 2 inspected the establishment of the above named accused persons on 13.11.2013 at 12.15 P.M. and detected the following Breaches/Offences:

(i) The following notices have not been displayed in English and Hindi violation of Rule 81(1)(i) of the said Rules:

(a) Notice showing rates of wages

(b) Notice showing hours of work

(c) Notice showing date of payment

(d) Notice showing the name and complete address of the Inspectors having jurisdiction

(e) Notice showing the date of payment of unpaid wages

(ii) An abstract of the Act and Rules in English and Hindi and in the language spoken by the majority of workers as approved by the Chief Labour Commissioner (C), New Delhi not displayed at the place of work as required vide Rule 79, Breach of Rule 79.

(iii) Register of Wages in Form XVII and Muster Roll in Form XVI has not been maintained, Breach of Rule 78(1)(a)(i).

(iv) Register of Deduction for damage or loss in form XX, Register of Fitness in Form XXI, Register of Advance in Form XXII has not been maintained, Breach of Rule 78 (1)(a)(ii).

(v) Register of Over Time in Form XXIII has not been maintained, Breach of Rule 78(1)(a)(iii).

(vi) Register of person employed in Form XIII has not been maintained at all at the works-pot Breach of Rule 75 read with Rule 80(1).

(vii) Contractor has not issued employment Card in Form XIV to each workers within three days for the employment, Breach of Rule 76(i).

(viii) Wages slips not issued to the workers in Form XIX at all, violation of Rule 87 (1)(b).

(D) The above offences under the said Act and Rules were incorporated in the Inspection Report No. 34(41)/2013-B dated 22.11.2013 and was sent to the petitioners by Regd. A.D. Post. Thus, the petitioners having contravened the provisions of the Act and Rules have made himself liable for penal action under the Act. Hence this complaint.

7. Pursuant to that the learned trial court by order dated 22.02.2014 has been pleased to take cognizance under section 23 of the Contract Labour (Regulation and Abolit