ETA CONSTRUCTIONS INDIA PVT LTD Vs. STATE

JUDGEMENT

(1.) THE accused 1 and 2 in C.C.Nos.4552 and 4553 of 2004 on the file of the learned II Metropolitan Magistrate, Egmore, Chennai, have filed the above Criminal Original Petitions seeking to quash all further proceedings therein.

(2.) THE brief facts which are necessary for the disposal of the above Criminal Original Petitions are as follows:- THE respondent within whose jurisdiction the petitioners' construction site was situated was inspected by the respondent which revealed many contraventions under the Contract Labour (Regulation and Abolition) Act, 1970 (Act 37 of 1970), (hereinafter referred to as "the Act") and the Contract Labour (Regulation and Abolition) Central Rules, 1971 (hereinafter referred to as "the Rules"). THE respondent sent a inspection report cum show cause notice in No,34 (57)/2003/E1/Dated 13.12.2003 to the second accused calling upon him to show cause why action should not be taken for non-compliance of the violations and called upon him to rectify the defects and to send an explanation within ten days, but the second accused did not submit any reply. In the show cause notice, the second petitioner was described as a contractor within the meaning of Section 2 (1) (c) of the Act. In the show cause notice, the following defects were pointed out:-

(3.) HEARD the learned counsel on either side.