MRIUDL KUMAR BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Feeling aggrieved by the order dated January 1, 2007 passed by the learned CJM, Kamrup, directing to issue summons upon the petitioners in Complaint Case No. 7624/2007 taking cognizance of the offence under the provisions of the Plantation Labour Act, 1951, and the Rules made thereunder and the continuance of the proceeding, the petitioners have filed this petition praying for quashing of the said proceeding.

(2.) I have heard Mr. S. Ali, learned counsel for the petitioners and Mr B.B. Gogoi, learned APP, Assam as well as Mr. S. Das, learned counsel for the respondent No. 2.

(3.) The petitioners herein are Managing Director and Directors of MKB Asia Pvt. Ltd., a company registered under the Indian Companies Act, 1956, having its registered office at 51, Zoo-Narengi Road. The petitioner No. 1 is the Managing Director and the petitioner Nos. 2 and 3 are Directors of the said company. The said company, amongst others, owns, runs and manages the Rani Tea Estates. The aforesaid tea estate has a factory for processing tea leafs. Under the provisions of the Plantation Labour Act, 1951 and the Rules made thereunder certain statutory duties and responsibilities are required to be performed by the "employer" for the welfare of the labours engaged in the plantation as provided under the Act.