BANSHI DHAR RAI Vs. GADADHAR DAS

JUDGEMENT

(1.) The appeal arises out of Judgement and order of acquittal passed by the Learned Additional Chief Judicial Magistrate, Tamluk on August 8, 1989 in Case No. 183C of 1987.

(2.) The case of the prosecution in short is that on the basis of a complaint filed by Labour Enforcement Officer (central) & Inspector appointed under the Contract Labour (Regulation & Abolition) Act of 1970 hereinafter referred to as the Act made on the basis of an alleged inspection on December 16, 1986 when the former found more than 20 Contract Labours being engaged by the accused O.P. who were doing work without there being a valid license under the said Act. The accused is also stated to have omitted to maintain different registers, including registers of wages, register of master rolls, register of fines, register of advances, register for deduction for damages or loss, register of over-time and register of persons employed. Accordingly, the accused are alleged to have contravened Section 12(1) of the said Act read with Rules 76, 78, 79, 80 and 81 of the Contract Labour (Regulation & Abolition) Rules 1971.

(3.) Two Witnesses including the Labour Enforcement Officer-Cum-Inspector were examined by the prosecution. The Defence did not examine any witness but took the Defence that no inspection took place in the presence of accused, that there is no irregularity and Learned Magistrate on a consideration of materials on record found the prosecution story not believable due to the omission to examine any of the alleged labourers or any local man and also on the basis of the finding that the defecto complainant was not authorised to file the complaint in accordance with Section 26 of the Act. Accordingly, he recorded an order of acquittal.