ANDER ARWAJA ALWAREJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure, 1973, has been filed by the applicants Ander ArwajaAlwarej (Director) and Pradeep Barik (Manager), both associated with Mahindra CIE Automotive Ltd., Pantnagar, District Udham Singh Nagar, through their authorized attorney. The applicants seek quashing of the summoning order dtd. 13/7/2017 passed by the learned Chief Judicial Magistrate, Udham Singh Nagar, Rudrapur in Criminal Complaint Case No. 3482 of 2017 titled State vs. Ander Arwaja and others under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 as well as Criminal Complaint Case No. 5555 of 2017 titled State vs. Ander Arnaja Alwarej and others.

(2.) The controversy in the present case arises from a surprise inspection conducted by the Labour Enforcement Officer (Respondent No. 3) on 24/7/2017 at the Mahindra CIE Automotive Ltd. factory. During this inspection, it was allegedly found that contract labourers were operating machines, specifically noting that one Sompal was operating a press machine and one Gangaram was performing welding work.

(3.) The Labour Enforcement Officer considered these activities to be in violation of Sec. 10 of the Contract Labour (Regulation and Abolition) Act, 1970, and subsequently filed a formal complaint before the Chief Judicial Magistrate, Udham Singh Nagar. Based on this complaint, the Chief Judicial Magistrate took cognizance of the matter and issued summons to the applicants, Ander Arwaja (Director) and Pradeep Barik (Manager) of Mahindra CIE Automotive Ltd.