(1.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only) was filed with a prayer to quash the complaint and the summons issued thereon by the Court of learned Metropolitan Magistrate under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act of 1970 for contravention of the notification No. S 6/779(E) dated 9th December, 1976 issued under Section 10(1) of the Act.
(2.) Learned Counsel for the petitioners has relied upon the judgment of the Apex Court in "Steel Authority of India Ltd. v. National Union Water Front Workers 2003 and Ors." reported in VI (2001) SLT 225=AIR 2001 SC p-3527 by which the aforesaid notification dated 9.12.1976 was quashed. It is argued that since the notification stands quashed the complaint against the petitioners for contravention thereof cannot be proceeded with.
(3.) Learned Counsel for the respondents, however, has submitted that a reading of paras 52 and 122 of the said judgment clearly shows that the said notification was quashed prospectively and it was observed that the quashing was being done from the date of the judgment and subject to the clarification that on the basis of this judgment, no order passed or action taken giving effect to the said notification shall be called in question in any Tribunal or Court including a High Court, if it has otherwise attained finality and/or it has been implemented.