N D CHOWDA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner being accused invokes the inherent powers vested in this Court under Section 482 of the Code of Criminal Procedure to quash the proceedings in S.T.C.No.331 of 1999 on the file of the Special Judicial First Class Magistrate (Labour and Factory Act) North and East, Ranga Reddy District.

(2.) A brief resume of background of facts is necessary: The petitioner-accused is the Director of M/s Bhagyanagar Metals Limited, a company registered under the Companies Act, established for the manufacture of jelly filled telephone cables and it is having its registered office at Surya towers, Secunderabad and the factory at Uppal Kalan, Uppal, Hyderabad. For the purpose of carrying out its manufacturing activities, it has engaged some skilled and unskilled persons. The State Government of Andhra Pradesh, in exercise of the powers conferred by sub-section (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. (Central Act 37 of 1970), issued G.O. Ms. No.287, LEN & TE (Lab-11), dated 7.5.1981, published in Issue No.225 of Part I Extraordinary A.P. Gazette dated 8.5.1981 prohibiting the employment of contract labour in the following process of operations in the establishments in which contract labour is employed in all the factories in the State of Andhra Pradesh:

(3.) The learned Counsel for the petitioner, Ms. G. Sudha, assails the proceedings on the following grounds: