KERALA STATE EX-SERVEMEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Four complaints were filed by the Labour Enforcement Officer(Central), Office of Regional Labour Commissioner, Kendriyashram Sadan, as complainant against M/s Kerala State Ex-Servicemen Development and Rehabilitation Corporation, Vazhuthacaud, Thiruvananthapuram alleging violation of various provisions of the Contract Labour (Regulation and Abolition) Act, 1970 ('Act 37 of 1970', for short) as S.T.Nos.1392/08, 1393/08, 1394/08 and 1395/08.

(2.) The accused in the said cases, M/s Kerala State Ex-Servicemen Development and Rehabilitation Corporation (hereinafter referred to as 'the Corporation', for short) has come up under Section 482 Cr.P.C. for getting those complaints quashed. In all the complaints, the facts of the case noted are the same. It states that the complainant "inspected the said establishment of the accused person on 19.11.07 and observed that 202 workers were employed", and he could note down various violations of Act 37 of 1970. A show cause notice was served on the accused and a reply was received, which according to the complainant, was not satisfactory. The said Labour Enforcement Officer, by name, Dr.Ugine Gomas J, who allegedly conducted the inspection is cited as the only witness. Document No.1 is inspection report dated 19.11.2007. Document No.2 is inspection note dated 19.11.07 prepared at the work site. Annexure No.5 notice reveal that during his so called inspection of the establishment of the accused at "Palakkad on 19.11.2007 at 16.40 hours, he could note down the irregularities noted in the Annexures."

(3.) According to the petitioner, the Corporation had deployed altogether 96 security guards aged 37 for BSNL SSA at Palakkad with effect from 1st April, 2005 under separate agreements executed with 13 different Divisional Engineers. For obtaining a licence under Act 37 of 1970, the petitioner had applied along with a D.D. for 75,000/- as licence fee and a D.D. for 86,40,000/- as security deposit. The BSNL Palakkad have not issued Form V on the ground that the number of contract employees with any of the Divisional Engineers did not exceed 20. In order to categorize an establishment coverable under Act 37 of 1970, there should be 20 or more employees at the said establishment, as per Section 1(4) of the said Act. The specimen copy of one of such agreements has also been produced by the petitioner which reveals that in that particular case, only one security guard was employed. According to the petitioner, all the said complaints are deliberately preferred with ulterior motives and without any good faith.