IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

CRL.O.P.NO.4365 TO 4370 OF 2015

Mr.V.Jaganathan

... Petitioner in

all Crl.O.P's

.Vs.

The Deputy Director, (BOCW),

Kancheepuram,

The Building and Other Construction Workers

(Regulation of Employment and

Condition of Service), 1996,

A 28, Thiru.Vi.Ka.Industrial Estate,

Guindy, Chennai – 600 032.

... Respondent in all

Crl.O.P's

COMMON PRAYER:-

Criminal Original Petitions filed under Section 482 of

Criminal Procedure Code, to call for the records in C.C.No. 434

to 439 of 2014 pending on the file of the Learned Chief Judicial

Magistrate, Chengalpattu and quash the same as against the

petitioner.

For Petitioner :

Mr.S.Sundaresan

In all CRL.O.P's

Respondents

:

Mr.C.E.Pratap

Government Advocate

In all CRL.O.P's

C O M M O N O R D E R

Since the issues involved in all the criminal original

petitions are one and the same and between the same parties, all

the Criminal Original Petitions are heard together and disposed

of by means of this common order.

https://hcservices.ecourts.gov.in/hcservices/

2. The respondent, Deputy Director, Building and Other

Construction Workers (BOCW), Kancheepuram has filed as many as

six complaints against the petitioner/accused for violation of

the provisions of the Building and Other Construction Workers

(Regulation of Employment and Conditions of Service) Act, 1996

(hereinafter referred to as the Act) and also Tamil Nadu

Building and Other Construction Workers (Regulation of

Employment and Conditions of Service) Rules, 2006 (hereinafter

referred to as the Rules) and to quash the above complaints,

these criminal original petitions have been filed.

3. The case of the respondent/complainant is that, the

petitioner is the Director of a construction company, by name

M/s.Appudhi Real Estate Private Limited, engaged in the business

of construction of residential flats. The company carried on

construction at Ramaniyam Pushkar-II, at S.No.278/1A, 1B, 1A,

1C, 280/1B1, 1B2 etc., at Sholinganallur Taluk and Village,

Chennai. The above construction site was inspected by the

Deputy Director, Building and Other Construction Workers (BOCW),

Kancheepuram on 19.07.2014, and found number of violations of

the provisions of the Act and Rules, such as construction site

was not registered under the Act, and other violations which

could adversely affect the safety, health and welfare of the

building workers. A show cause notice was issued to the

petitioner, the Director of the above company, as per the

Memorandum of Association of the company, on 30.07.2014. The

same was received by the company on 08.08.2014, but no reply has

been sent by them objecting to the show cause notice.

4. In the above circumstances, after obtaining necessary

sanction from the Director of Industrial Safety and Health,

Chennai, the respondent filed complaints before the learned

Chief Judicial Magistrate, Chengalpattu and the learned Chief

Judicial Magistrate, also took cognizance of the offence and

registered a case in C.C.Nos.434 to 439 of 2014 and issued

summons. Now, challenging the same the present quash petitions

have been filed.

5. Mr.Sundaresan, learned counsel appearing for the

petitioner would submit that originally the petitioner was a

director of the company, and he has resigned from the post w.e.f

25.11.2013, and the same was duly informed to the Registrar of

Companies, and to that effect, the Registrar of Companies has

also issued a Certificate in From 32, of the Companies Act.

Admittedly, the inspection was conducted by the respondent only

on 19.07.2014, on that date, the petitioner was not functioning

as the Director of the Company and he was not in-charge and

responsible for the affairs of the company and ther