K.R.MOHAN Vs. LABOUR ENFORCEMENT OFFICER

JUDGEMENT

(1.) The respondent/Labour Enforcement Officer (Central) filed complaints under Section 23 of the Contract Labour (Regulation and Abolition) Act, 1970 for the breach of Section 7 against the petitioners herein before the learned Judicial Magistrate, Ranipet. The learned Magistrate has taken cognizance of the complaint in S.T.C.Nos.726, 727, 370, 376, 377, 399, 371, 378, 724, 725, 728, 730, 729 and 731 of 2012 respectively and issued summons to the petitioners. The petitioners have been shown as accused in the complaints. After receipt of the complaints, the petitioners, who are the the accused in various STCs, have filed the present Criminal Original Petitions before this court under Section 482 of Cr.P.C.,

(2.) The learned counsel for the petitioners would submit that the petitioners are the Additional General Manager of M/s.Bharat Heavy Electricals Ltd., which is a Limited Company and there are various units and all the units are controlled by the above said company and they have got the licence in accordance with Chapter IV of the Act and within their jurisdiction, they engaged labourers and not violated the Act.

(3.) The respondent is the Enforcement Officer, who is the Central Government Officer under Ministry of Labour. The petitioners are the Additional General Manager of M/s.Bharat Heavy Electricals and the employer is Bharat Heavy Electricals Ltd., and the company was not arrayed as party in any of the complaint and without prosecuting the company, the officers/Additional General Managers cannot be prosecuted. In this case, the company viz., BHEL has not been arrayed as party. Therefore, all the complaints have to be quashed. He also placed reliance on the judgments of the Honourable Supreme Court in (i) AIR 2012 SC 2795 [Aneeta Hada and Others Vs. Godfather Travels and Tours Pvt. Ltd., and Others] (ii) C.P.Jain and others Vs. Inspector, Building and another [Criminal Appeal Nos.1285 and 1286 of 2007 @ SLP (Crl).Nos.1517 and 1560 of 2007] and the decision of Madurai Bench of Madras High Court reported in [HCL Technologies Ltd., Vs. State of Tamil Nadu] and stated that when the company violated the statutory provisions of the Act, the Ministry of Labour can prosecute the company and without prosecuting the company, the officers, directors of the company alone cannot be prosecuted.