JSW CEMENT LTD. Vs. STATE OF A.P.

JUDGEMENT

(1.) In this petition filed under Section 482 Cr.P.C. the petitioner-accused implores to quash the proceedings in STC No. 5 of 2011 on the file of the learned Judicial First Class Magistrate. Nandyal, which was registered on a private complaint filed by Assistant Labour Officer, Nandyal-II Circle-cum-Inspector under the Contract Labour (Regulation and Abolition) Act, 1970 under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the CL Act') and its Rules.

(2.) The facts of the complaint succinctly are that M/s. JSW Cement Limited, Bilakalagudur Village, Gudivemula Mandal, Kurnool District is constructing a new cement factory wherein several workers from other States were employed and thereby the provisions of the CL Act are attracted. However, the said workmen were allowed to work through Contractors i.e., M/s. UB Engineering Limited, M/s. Petron Civil Engineering Private Limited, M/s. Security and Intelligence Surveys (India) Limited, M/s. A.K. Constructions etc. without registration of the establishment as required under Section 7 of the CL Act and the contractors have not obtained licenses under Section 12 of the aforesaid Act.

(3.) The above accused having acted in contravention of the provisions of Section 12, Rule-75 and Rule-76 of the A.P Contract Labour (R&A) Rules, 1971, has rendered himself liable for punishment under Section 24 of the Contract Labour (R&A) Act, 1970.