AGARWAL H C Vs. STATE

JUDGEMENT

(1.) H. C. Agarwal, Deputy General Manager (E&T), Oil and Natural Gas Corporation Ltd. Chennai, is the Petitioner herein. Seeking to quash the proceedings in S.T.C. No. 1493 of 1997 on the file of the Judicial First Class Magistrate, Karaikkal. Initiated by the Labour Enforcement Officer, the Respondent herein, for the offence under Section 23 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'The Act'), he has filed this Petition under Section 482 Cr. P.C.

(2.) The Labour Enforcement Officer, Trichy, the Respondent herein inspected the establishment of the accused Petitioner on October 15, 1996 and found that there was a violation of the provisions of Section 10(1) of the Act as by the Notification dated September 8, 1994, the Government of India, Ministry of Labour, prohibited employment of contract labourers as Radio Operators on the establishment. Contravening the said notification, issued under Section 10(1) of the Act, the Petitioner Agarwal, who was the principal employer of the establishment. Oil and Natural Gas Corporation Limited, Karaikkal, entered into a contract with the abettor R.M.V. Raman through whom 15 contract labourers were engaged as Radio Operators. After inspection, the Respondent sent a show cause notice addressed to both the Petitioner-establishment and the abettor-contractor along with the inspection report requesting to rectify the irregularities asking them to show cause as to why they should not be prosecuted under the Act. Having received the same, both the Petitioner establishment and the abettor-contractor had not chosen to send any reply. Hence, the complaint dated January 10, 1997 was filed against both of them for the offence under Section 23 of the Act. The same was taken on file in S.T.C. No. 1493 of 1996 by the Judicial First Class Magistrate, Karaikkal.

(3.) The said proceeding is being challenged in this Petition on the following grounds:-