IMPORTANT POINT
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 not justify proceeding against an accused.

JUDGMENT :

Shamim Ahmed, J.

1. Heard Sri S.B. Pandey, learned Senior Advocate, assisted by Sri Varun Pandey, Advocate and Sri Chandra Shekhar Sinha, Advocate, for the applicant/Union of India as well as Sri Sandeep Sharma, Advocate for the opp. party No. 2 and the learned A.G.A. Sri Ashok Kumar Singh, for the State, and also perused the record.

2. The applicant herein, Union Bank of India, has filed this application under Section 482, Cr.P.C. with the prayer to quash the impugned Criminal Complaint Case No. 18 of 2012 under Section 24 of the Contract Labour (Regulation and Abolition) Act 1970, P.S. Gomti Nagar, District Lucknow, pending in the court of Chief Judicial Magistrate, Lucknow, filed by the Labour Enforcement Officer (Central), Lucknow, and all consequential orders arising thereon.

3. In short, the facts of the case are that the complainant/Labour Enforcement Officer (Central), Lucknow, has filed the impugned complaint with the allegations that the complainant is the Public Servant within the definition of section 21 of 1.P.C. and the complaint is being filed by the complainant in discharge of his official duties and such recording of pre-summoning evidence be dispensed in terms of section 200 of the Cr.P.C. The complainant is Labour Enforcement Officer (Central), Lucknow, who has been appointed as an Inspector under section 28(1) of the Contract Labour (Regulation & Abolition) Act, 1970 by the Government of India, Ministry of Labour, New Delhi. The Union Bank of India (in short, referred to as 'the Bank') is Principal Employer, as defined under the Contract Labour (Regulation & Abolition) Act, 1970 and was executing the contract work "Maintenance & Security of Union Bank of India Premises at Lucknow and responsible for the compliance of the provisions of the Contract Labour (Regulation & Abolition) Central Rules, 1971. The establishment of the Bank was inspected by Labour Enforcement Officer (Central), Lucknow/opp. Party No. 2 on 20.09.2011 under the Contract Labour (Regulation & Abolition) Act, 1970 and Contract Labour (Regulation & Abolition) Central Rules, 1971 when the work was in progress with 50 contract labours through one contractors. The establishment is, therefore, covered under the said Act. During the course of inspection of aforesaid establishment of the Bank on 20.09.2011, the Labour Enforcement Officer (Central), Lucknow observed following breaches:-

"a. Register of Contractors is not maintained in form XII vide Rule 74.

b. Return in Form VI-B not submitted to the Inspector in respect of all contractors - Breach of Rule 81(3).

c. Notices showing the rate of wages, hours of work, wage period, date of payment of unpaid wages has not been displayed in English and in Hindi & in the local language understood by the majority of the workers in conspicuous place at the establishment - Breach of Rule 81(1)(i)."

4. The above mentioned breaches of the said Act/Rules as observed by the opp. Party No. 2 were incorporated in the Inspection report cum show cause notice No. LKO.35(25)/2011 dated 20.09.11 which was prepared on workspot within the jurisdiction of Hon'ble Court under section 24 of the said Act and hence the complaint was filed seeking the following prayer:

“The complainant therefore, prays that the Hon'ble Court may be pleased to take the case on file and dispose off the complaint according to law. The complainant further prays to add subtract, amend or altar the complaint, if necessary with the prior permission of the Hon'ble Court.

The complainant also prays the Hon'ble Court to award a part of the fine imposed on the accused towards the expenses incurred by the department in conducting the prosecution in terms of section 357(1)(a) of Cr.P.C. 1973 and the amount awarded may be ordered to be credited to the Central Head of Account No. 087 Labour and Employment-Pay and Account Officer (CLC), New Delhi.”

5. It has been argued on behalf of the Bank that from perusal of the inspection-report it is evident that the