BABU BHARDAGOND Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in STC No.27 of 2017, on the file of the learned Additional Judicial Magistrate, Madurai.

(2.) The petitioner, who has been shown as a Principal Employer of M/s.HCL Technologies Limited, is facing the criminal proceedings instituted by the respondent for an offence under section 40(1)(2)(u) of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter shall be referred to as 'BOCW Act') r/w Rule 46 (Head Protection and Other Protective Apparel) and Sec. 62(1)(2)(zc) r/w Sec. 47(1) of BOCW Act and Sec. 40 (1)(2)(r) of BOCW Act r/w Rule 39(1)(2)(3) Health and Safety Policy and Sec. 62(1)(2)(zc) r/w47(1) of BOCW Act.

(3.) It is the case of the petitioner that M/s. HCL Technologies Limited is an IT Company and it had engaged the services of M/s.G.K.Shetty Builders Private Limited to undertake the construction work of IT buildings. On 21.07.2017, the respondent came and inspected the site. Thereafter, a show cause notice dated 21.08.2017 was issued by the respondent to the petitioner alleging, breach of certain provisions of BOCW Act and Rules. The petitioner gave a detailed reply on 22.08.2017 to the respondent, informing them that the petitioner was not in violation of any of the provisions of BOCW Act or Rules. After the receipt of the reply, the respondent had proceeded to file a complaint before the learned Additional Chief Judicial Magistrate, Madurai for the above said offences.