DIBYENDU BERA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed for quashing of the Complaint No.21/2019 filed before the learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P. (Parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court for the commission of offences punishable under Ss. 62, 79, 61, 19(3), 7A (1) (2), and 66 of the Factories Act, 1948 read with Rule 80, 88, 87, 79 and 43 of the Himachal Pradesh Factories Rules, 1950. It was asserted that the complainant- Labour Inspector carried out an inspection of the factory on 17/10/2018 at 2.00 p.m. and found various violations. He was authorised by the Labour Commissioner-cum Chief Inspector of Factories, Himachal Pradesh to file a complaint before the Court; hence, he filed a complaint before the learned Trial Court on 11/2/2019.

(3.) Being aggrieved by the filing of the complaint, the petitioners have filed the present petition for quashing of the FIR. It has been asserted that "Fresenius" is a leading pharmaceutical company, which develops, manufactures and markets pharmaceutical products. It has an impeccable record regarding the adherence to the rule of law. An inspection was conducted on 18/2/2018 but no deviation was noticed. The same Labour Inspector visited the plant on 17/10/2018 to carry out the inspection and found several deviations. It was impermissible for the same Inspecting Officer (Labour Inspector) to inspect the same establishment twice consecutively. The inspecting unit was not given 15 days to report compliance. The inspection report was not uploaded within 48 hours as per the instructions. The deficiencies were not brought to the notice of the factory. No inspection report was brought to the notice. The defects noticed by the Inspector are not tenable. The Labour Inspector did not follow the mandate provided under various notifications issued by the State Government; therefore, it was prayed that the present petition be allowed and the complaint filed before the learned Trial Court be quashed.