STATE BANK OF INDIA Vs. STATE

JUDGEMENT

(1.) In this petition under section 482 Code of Criminal Procedure, petitioner-accused seeks quashment of the complaint dated 25/09/1997 filed by the respondent.

(2.) Complaint (Annexure P-2) was filed by the State through Labour Enforcement Officer (C) alleging that branch at 11, Sansad Marg of the petitioner bank was inspected by complainant-respondent on 9/07/1997 and work of sweeping and cleaning of premises there was found being done through Ajay Kumar, Contractor by employing 6 contract labourers. As per notification No.779(E) dated 9/12/1976 issued by Government of India, Ministry of Labour, New Delhi under section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short the 'Act') work of sweeping and cleaning is prohibited category of employment and punishable under section 23 of the Act.

(3.) The petitioner is the principal employer as defined under section 2(1)(g) of the Act for the said work. It was prayed that petitioner be summoned and tried for the offence committed.