JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to quash the proceedings initiated by the Respondent herein in C.C.No.2909 of 2016 on the file of XVI Metropolitan Magistrate Court, George Town, Chennai.)

1. This Criminal Original Petition has been filed to quash the private complaint filed by the respondent alleging violation of certain mandatory provisions particularly not maintaining the Register of the Contractor. The prosecution was launched for the offences under Section 24 of the Contract, Labour (Regulations and Abolition) Act, 1970 and Rule 81 of the Contract Labour (Regulation and Abolition) Central Rules, 1971.

2. The main contention of the learned counsel Senior counsel appearing for the petitioners is that the very complaint filed by the respondent is not maintainable as the Company has not been made as an accused. The allegations in the complaint proceed as if the Contractor committed violation, whereas now the Employer has been made as an accused. Further, it is his main submission that the Managing Director was residing elsewhere and hence, he cannot be construed as a Principal Employer. Similarly, under Form VI-B, the Company has alrea