BEN SALMON Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are accused in C.C.No.2434/2014 on the file of the Metropolitan Magistrate Traffic Court -1, Mayo - Hall, M.G. Road, Bangalore, have filed this petition to quash the proceedings initiated against them in the aforesaid criminal case.

(2.) On 10.11.2014, Senior Labour Inspector filed a complaint before the Metropolitan Magistrate Traffic Court - 1, Mayo -Hall, Bangalore, which came to be registered in C.C.No.2434/2014 for the offences punishable under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970.

(3.) The allegations made out in the complaint are that on 20.05.2014 around 12.15 p.m. when the complainant visited the establishment of the petitioners i.e., the building called East Point which was under construction in Sy.Nos.87, 88/1, 2 of Bagana Halli, Panathuru Road, Varthur Hobli, Bangalore, the complainant found the violation of the provisions of Section 21 of the Act and Rules 82, 72 and 74 of the Contract Labour (Regulation and Abolition) Karnataka Rules, 1974 that is to say the petitioners have not submitted the report in Form No.XXVI of the Act and annual report of 2013 in Form No.XXV and maintained the register in respect of the contractor is concern in Form No.XII on demand by the complainant during the course of inspection of the establishment. As such, the petitioners were served with the copy of the notice dated 20.05.2014 calling upon the petitioners to produce the aforesaid documents and registers for having rectified the defects mentioned in the inspection notice within 7 days from the date of receipt of the notice for the purpose of examination. There was no response from the petitioners. As such, they were issued with a show -cause notice dated 26.08.2014 requesting to comply the earlier notice. Since there was no reply even to the said notice, a complaint came to be filed for the offences punishable under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970, in C.C.No.2434/2014. To quash the proceeding, this petition is filed.