Under Section 27 of the Contract Labour (Regulation and Abolition) Act, 1970, the limitation for filing a complaint is three months; this is extended to six months only if the offence is disobeying a 'written order', which does not include a show-cause notice.

Order on Board

1. The petitioner by filing this petition has challenged validity and propriety of cognizance taken by the learned Labour Court, Raigarh in the matter of “Labour Enforcement Officer (Central) Vs M/s KCC-MBPL (JV)” registered as 15/CL ACT/2019 under the provisions of Section 27 of the Contract Labour (Regulation and Abolition) Act, 1970(for short “Act, 1970”).

2. The facts in brief are that the petitioner firm is joint venture firm of two private limited companies and it is registered under Section 10 of the Act of 1970. On 20.06.2018, an inspection was conducted by the Inspector within the premises of the petitioner firm, and thereafter, a written notice of inspection and irregularities found out therein was communicated to the petitioner on 06.07.2018. The Inspector filed a complaint according to the provisions of Sections 23 and 24 of the Act of 1970 before the Judicial Magistrate First Class on 12.11.2018 with a prayer to take cognizance against the petitioner firm. The concerned Court took cognizance and admitted the matter vide order dated 04.01.2019. The petitioner has challenged entire proceedings pending before the learned Judicial Magistrate First Class, Raigarh and cognizance taken by it on the ground that complaint was filed by the Inspector after expiry of three months from the date of inspection, therefore, the complaint itself was not maintainable.

3. Mr. Vikram Sharma, Advocate would argue that according to the provisions of Section 27 of the Act of 1970, the concerned Court may take cognizance of an offence punishable under Act of 1970 if complaint is made within three months from the date of which the alleged commission of offence came to knowledge of an Inspector. He would contend that the inspection was conducted by the Inspector on 20.06.2018, whereas, complaint case was filed on 12.11.2018, after expiry of three months period prescribed in Section 27 of the Act, 1970, therefore, the complaint case was not maintainable at all. He has placed reliance on the judgment passed by the High Court of Karnataka in the matter of Ben Salmon and Ors. vs. State of Karnataka reported in 2016 SCC OnLine Kar 970.

4. On the other hand, Mr. Abhishek Banjare, Advocate appearing for respondents would oppose. He would submit that a written notice was issued to the petitioner on 06.07.2018 and before expiry of period of six months, complaint case was filed with the concerned Court. He would refer proviso appended to Section 27 of the Act of 1970 and would submit that as there was disobedience of a show cause notice/written order made by the Inspector; therefore, the complaint was maintainable before the concerned Court after expiry of three months. He would contend that this petition is misconceived and deserves to be dismissed.

5. I have heard learned counsel for the parties and perused the documents placed on record.

6. Perusal of the documents annexed along with writ petition would show that an inspection was conducted by the Inspector on 20.06.2018, wherein irregularities were found out, and thereafter, a written notice was issued to the petitioner on 06.07.2018. It is admitted fact that the petitioner did not file reply to said notice, and thereafter, the Inspector filed complaint case before the concerned Court on 12.11.2018.

7. Section 27 of the Act of 1970 reads as under :-

27. Limitation of prosecutions. — No court shall take cognizance of an offence