Criminal proceedings against a Director under Section 53 of the Building and Other Construction Workers' Act, 1996, are not maintainable if the Company responsible for the alleged offence is not impleaded as a co-accused.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS, 2023 PRAYING TO GRANT A WRIT IN THE NATURE OF CERTIORARI, ORDER OR DIRECTION, QUASHING THE IMPUGNED COMPLAINT DATED APRIL 8, 2025 FILED BY THE RESPONDENT NO.1/COMPLAINANT IN PCR NO.7 OF 2025 (ANNEXURE-A) AS AGAINST THE PETITIONER/ACCUSED NO.3; QUASH THE IMPUGNED ORDERS DATED APRIL 11, 2025 JUNE 21, 2025 AND AUGUST 30, 2025 ISSUED BY THE LD. PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI IN PCR NO.7/2025 (ANNEXURE-B) AS AGAINST THE PETITIONER/ACCUSED NO.3; CONSEQUENTLY, QUASH THE IMPUGNED PROCEEDINGS IN PCR NO.7 OF 2025 ON THE FILE OF THE LD. PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BALLARI (ANNEXURE-B) AS AGAINST THE PETITIONER/ACCUSED NO.3.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL ORDER

Heard arguments of learned HCGP for respondent No.1 and reply arguments of Senior counsel, Sri Sandesh Chouta for Sri Lomesh Kiran N. for the petitioner.

2. This is the writ petition filed under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS 2023’) praying for quashing the impugned complaint dated 08.04.2025 filed by respondent No.1-complainant in PCR No.7/2025 (Annexure-A) against the present petitioner/accused No.3; quash the impugned order dated 11.04.2025, 21.06.2025 and 30.08.2025 issued by the Principal Senior Civil Judge and Chief Judicial Magistrate, Ballari in PCR No.7/2025 (Annexure-B) against the petitioner/accused No.3 and consequently quash the impugned proceedings in PCR No.7/2025 on the file of Principal Senior Civil Judge and Chief Judicial Magistrate, Ballari as against petitioner/accused No.3 and for such other reliefs.

3. The case of petitioner is that petitioner is working as Director at M/s. JSW Steel Limited having its registered office at JSW Centre, Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra since May 19, 2023. The Company has set up an ore beneficiation plant for processing of raw mined ore in order to remove impurities and increase the concentration of valuable minerals. The plant in question-‘OBP-1 Project Plant’ is situated at Toranagallu Village, Sandur Taluk, Ballari District (for short, ‘Project’). M/s. Real Technical Solutions Limited (RTSL) was engaged as a contractor for supply of skilled manpower for the Project, vide purchase order dated 11.05.2024. The workers were employed and worked under the direction, instructions, supervision and control of RTSL. It appears that the worker fell and met an unfortunate demise since he had climbed the elevation without wearing necessary PPE and safety harness, which was completely unnecessary for his assigned role as a fire watcher at the ground level. The deceased worker was immediately shifted to M/s. Jindal Sanjeevani Hospital, where he was declared as brought dead. Respondent No.1 has filed impugned complaint on 08.04.2025 alleging the commission of offence in contravention of Rule 199(a)(iii) and Rule 199(b) of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Central Rules, 1998 (for short, ‘BOCW Rules’) punishable under Section 47 of Building and other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 (for short, ‘BOCW Act’).

4. The Magistrate has issued summons to petitioner on 11