KARAM CHAND Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by Karam Chand, Ex. District Manager, Food Corporation of India, Hissar under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 25.7.1990 Annexure P-i under Section 24 of Contract Labour (Regulation and Abolition) Act, 1970, (The Act for short). The averment made in the complaint Annexure P-I against the petitioner were that the complainant who was Labour Enforcement Officer, Kamal, inspected the establishment of District Manager, Food Corporation of India, Delhi Road Hissar, on 25.4.1990 and found that the District Manager had not furnished the return in Form VI (B) in respect of two contract works within time. A notice regarding rates of wages etc., was also not displayed and there was a breach of Rule 81 of the Rules framed under the Act. According to Rule 81 notices showing the rates of wages, hours of work, wage period, date of payment of wages, name and addresses of the Inspectors having jurisdiction and date of payment of unpaid wages were to be displayed in English, and Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and work site of principal employer or of construction, as the case may be. Since there was contravention of Rule 81 hence the District Manager was liable for an offence under Section 24 of the Act.

(2.) The petitioner alleged that there was no allegation in the complaint that he was incharge of and responsible to the company for the conduct of its business at the time of commission of the offence. There were also no allegations that he was responsible for the affairs of the company i.e., Food Corporation of India and was liable to be prosecuted. Section 25 of the Act provided that only a person who was incharge and responsible for the affairs of the company could be prosecuted tender the provisions of the Act. There was also delay in filing of the complaint.

(3.) Notice of the petition was given to the respondent. Although many opportunities were granted to file a return yet no reply was placed on record to controvert the allegations made in the petition.