SUMANTH SUBRAMANIYAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been preferred seeking to call for the records in C.C.No.4943 of 2021 pending on the file of the learned Chief Judicial Magistrate, Egmore, Chennai under Sec. 7(1)(2) r/w Rule 23(1)(2) and Rule 27, Sec. 46(1) Rule 26(3) and Rule 239(1) and Sec. 30(1) Rule 241(1)(a)(9), Sec. 50(1) and 48 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Tamil Nadu Building and Other Construction Workers (Regulation of Employment And Conditions of Service) Rules, 2006 and quash the same.

(2.) It is the case of the prosecution that on 11/3/2021 when the construction site of the petitioner was inspected, it was found that (i) the application for registration of the establishment under Tamil Nadu Buildings and other Construction Workers [Regulation of Employment and Conditions of Service) Act 1996 along with prescribed fees was not submitted to the Joint Director of the Industrial Safety and Health, Chennai (ii) a written notice in Form IV under Schedule XII, intimating the actual date of commencement and the probable date of completion of the work was not submitted by him to the Deputy Director (BOCW), Industrial Safety and Health, Chennai at least thirty days before the commencement of the above said construction work and (iii) The muster roll in Form XVI and Register of Wages in Form XVII under Schedule XIII, for the workers employed in the construction work was not maintained and produced on demand during the inspection. After having sent a show cause notice to the petitioner, the case has been filed for the above violations.

(3.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. Perused the entire materials available on record.