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SANJAY KUMAR DWIVEDI
Larsen and Tubro Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Mr. Ravi Prakash, the learned counsel appearing on behalf of the O.P.No.2/ Labour Enforcement Officer (Central) seeks time to file counter affidavit.
2. By order dated 10.11.2017, the O.P.No.2 was called upon to file counter affidavit, but till date, the counter affidavit has not been filed and the matter is of the year 2017 which suggest that O.P.No.2 has got no interest in the matter and that is why he has not instructed his earlier counsel as well as the present counsel Mr. Ravi Prakash, and further the matter is an old one and stay was earlier granted and further in a petition under section 482 Cr.P.C, the only requirement is to look into the averments as well as the order taking cognizance and to consider the law points and no additional documents are required to be considered. As such, the prayer made by Mr. Ravi Prakash, the learned counsel appearing on behalf of the O.P.No.2/ Labour Enforcement Officer (Central) is rejected.
3. Heard Mr. Vikas Pandey, the learned counsel appearing on behalf of the petitioners, Mr. Sanjay Kumar Srivastava, the learned counsel for the respondent State and Mr. Ravi Prakash, the learned counsel appearing on behal
The court quashed criminal proceedings due to improper cognizance and clarified limitation interpretation under the Contract Labour Act, emphasizing judicial scrutiny.
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 court established that a Magistrate must apply judicial scrutiny to the facts and evidence before issuing summons in a criminal complaint, and that mere allegations without a prima facie case do ....
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 the time limit prescribed under section 27 of the Contract Labour Act for filing complaints related to offences under the Act must be adhered to, and the magi....
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 main legal point established in the judgment is the strict adherence to the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, particularly regarding the timeliness of compla....
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....
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