K S SETHI Vs. STATE

JUDGEMENT

(1.) The petitioners are invoking the inherent and supervisory powers of the High Court under Section 482 Cr.P.C. for quashing the order of a Metropolitan Magistrate whereby he on a criminal complaint filed by respondent no.2 Labour Enforcement (Central) has taken cognizance of the offence under Section 23 of the Contract Labour (Regulation & Abolition) Act,1970 (the Act) and has summoned the petitioners to stand trial.

(2.) Succinctly stated respondent no.2 Labour Enforcement (Central), Ministry of Labour, Govt. of India filed a criminal complaint under Section 23 of the Act complaining violation of notification dated 9th December 1976 issued under Section 10(1) of the said Act, by the petitioner no.3 company M/s IRCON International Limited and thus rendering itself liable to be prosecuted for offence under Section 23 of the Act. The Metropolitan Magistrate took cognizance and ordered summoning of the petitioners for standing trial. The petitioners are aggrieved and have challenged the order of taking cognizance and summoning in this petition.

(3.) The contention of the counsel for the petitioner is that the notification dated 9th December 1976 which is similar to notification dated 7th December 1976 violation of which was in fact the cause of action for filing the criminal complaint by respondent no.2 has been quashed by the Supreme Court in Steel Authority of India and Others vs. vs. National Union Waterfront Workers & Others, (2001) 7 SCC 1. Therefore, nothing survives in the complaint and the cognizance taken and trial of the petitioners by the Metropolitan Magistrate will be an abuse of the process of the court and interference in it by this Court in exercise of the power under Section 482 Cr.P.C. will be necessary to secure the ends of justice.