S B DESHMUKH CHIEF REGIONAL MANAGER STATE BANK OF INDIA NAGPUR AND YASHA PEST CONTROL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these petitions under section 482 of the Criminal Procedure Code are being disposed of by this common judgment, inasmuch as they arise out of the same case, being Criminal Case No. 2214 of 1984, on the file of Judicial Magistrate, First Class, 2nd Court, Nagpur. The applicant in Criminal Application No. 501 of 1984, Shri S.B. Deshmukh, Chief Regional Manager, State Bank of India, Nagpur, is accused No. 1 in the said prosecution, while the applicant in Criminal Application No. 522 of 1984, M/s.Yasha Pest Control, is accused No. 2 in the said criminal case. These two accused have preferred these two criminal applications under section 482 of the Criminal Procedure Code. The non-applicant No. 1 in both these criminal applications is the State represented through the Labour Enforcement Officer (Central), Nagpur.

(2.) The facts leading to the present prosecution are not disputed. The applicant in Criminal Application No. 501 of 1984, Shri S.B. Deshmukh, is the Chief Regional Manager of the State Bank of India. He has the administrative control over the branches of the said Bank in Vidarbha region. The applicant in Criminal Application No. 522 of 1984, M/s. Yasha Pest Control, is a contractor who supplies labours, and the said contract labours are employed in the establishment of the State Bank of India, Nagpur.

(3.) The complainant -Labour Enforcement Officer, filed a Criminal Complaint No. 2214 of 1984 against these two applicants under sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act). The allegations in the said complaint are that the Labour Enforcement Officer, (Central), Nagpur, had inspected the establishment of the accused No. 1- State Bank Of India, under the provisions of the above Act and the Rules made thereunder, and observed the following irregularities :