AFCONS INFRASTRUCTURE LIMITED Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) BY this application filed under Section 482 of the Code of Criminal Procedure, applicants seek to challenge communication dated 18th April 2007 issued by 2nd respondent intimating the applicants that prosecution complaint will be lodged against them before the Judicial Magistrate, First Class, 2nd Court, Nagpur pursuant to inspection report dated 16.4.2007.

(2.) FACTS can best be summarised thus : Applicant AFCONS Infrastructure Limited which undertakes work of bridge construction, is a Company registered under the Indian Companies Act, 1956. Applicants carried out work of design construction of six lane cable stayed bridge along with approaches including dismantling of existing Bridge in Nagpur Railway Station Yard near Santra Market, Nagpur for respondent No.3 MSRDC. For the purpose of carrying out the work, the applicants were required to engage the employees through Contractors. Applicants applied for Licence for engaging petty contractors to complete the work and the Licencing Officer under the Contract Labour (Regulation and Abolition) Act, 1970, Nagpur Zone, Nagpur (respondent no.4) issued Licence dated 6.2.2006. Applicants contend that their principal employer is the Maharashtra State Road Development Corporation which is a State Government company and therefore, the provisions contained in the Minimum Wages Act and the Maharashtra Contract Labour (Regulation and Abolition) Rules, 1971 are applicable to them and the "Appropriate Government" in their case is the State Government and not the Central Government. It is, therefore, averred that respondent No.2 had no authority in law to conduct inspection and point out irregularities and launch prosecution against the applicants for their failure to remove the same as it would be an action without jurisdiction.

(3.) RESPONDENT No.4 admits in its reply that respondent no.3 MSRDC through its Superintending Engineer has registered itself as principal employer with the State Authority under the Contract Labour (Regulation and Abolition) Act, 1970 as the State Government has jurisdiction under the said Act.