UNION OF INDIA Vs. P PERUMAL

JUDGEMENT

(1.) THESE appeals are directed against the acquittal of the respondent in S.T.R.Nos.69 to 71 of 1985 and S.T.R.No.331 of 1984 by the Chief Judicial Magistrate, Salem, tried for different offences under the Contract Labour (Regulation & Abolition) Act, 1970 (Act 37 of 1970) and the Rules framed thereunder (hereinafter referred to as the Act and Rules).

(2.) THE appellant filed the 4 complaints against the respondent under Sec.24 of the Act read with Rules 79, 81(2), 76 (1), 78 (1) (b), 65, 75, 78 (1) (d), 25(2), 81(i) and Rule 71, on the allegation that the respondent was a contractor as defined in Sec.2(1)(c) of the Act and had been executing the contract work of transportation, loading and unloading of crude Magnesite from the quarries at Red Hills and Karuppur to the factory of M/s.Burn Standard Company Limited, Salem, by employing 20. or more contract labourers and that during the inspection of the work-spots of the respondent by the complainant on 14.9.84 and 15.9.1984, the above mentioned infringement and violations of the aforesaid Rules were detected. THE respondent's reply to the show cause notice by the appellant not being satisfactory, the complaints had been filed.

(3.) TAKING the first contention, namely, that the respondent was merely supplying magnesite ore from the quarry to the factory or the manufacture of other articles by the company and the contractor engaged in such a supply will not come within the definition of ?contractor? in Sec.2(1) (c), it would be appropriate to extract Sec.2 (1) (c), which is as follows: