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2018 Supreme(Mad) 2034

N.ANAND VENKATESH
Babu Bhardagond – Appellant
Versus
State of Tamil Nadu, Represented by the Deputy Director (BOCW) in charge, Labour Welfare and Safety – Respondent


Advocates Appeared:
For the Petitioner: Mr. Karthick, Senior Counsel, for Mr.Ka.Govindarajan.
For the Respondents: Mr. M. Chandrasekaran, Additional Public Prosecutor.

ORDER :

This Criminal Original Petition has been filed to quash the proceedings in STC No.27 of 2017, on the file of the learned Additional Judicial Magistrate, Madurai.

2. The petitioner, who has been shown as a Principal Employer of M/s.HCL Technologies Limited, is facing the criminal proceedings instituted by the respondent for an offence under Section 40(1)(2)(u) of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter shall be referred to as 'BOCW Act') r/w Rule 46 (Head Protection and Other Protective Apparel) and Section 62(1)(2)(zc) r/w Section 47 (1) of BOCW Act and Section 40 (1)(2)(r) of BOCW Act r/w Rule 39(1)(2)(3) Health and Safety Policy and Section 62(1)(2)(zc) r/w47(1) of BOCW Act.

3. It is the case of the petitioner that M/s. HCL Technologies Limited is an IT Company and it had engaged the services of M/s.G.K. Shetty Builders Private Limited to undertake the construction work of IT buildings. On 21.07.2017, the respondent came and inspected the site. Thereafter, a show cause notice dated 21.08.2017 was issued by the respondent to the petitioner alleging, breach of certain provisions of BOCW Act and Rul
























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