J P GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these applications have questioned the authority of the respondent- Labour Enforcement Officer to launch prosecution of the petitioners for an offence under Section 23 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter to be referred to as 'the Act'). They have also challenged the legality of the orders passed by the respondent Chief Judicial Magistrate/Subdivisional Judicial Magistrate summoning them to stand trial for the offence under the aforesaid section. The applications had been filed under Arts. 226 and 227 of the Constitution of India on the assumption that the petitioners were being prosecuted for having contravened a notification issued under sub-section (1) of S. 10 of the Act, which, according to them, is ultra vires. However, during the course of hearing S. 482 of the Cr. P. C, 1973 was also added. As common questions of law are involved in these applications, they were heard together.

(2.) The petitioners in these applications are Area General Manager, Superintendent of Mines and other officials of different collieries which belong to the Central Coal Fields Limited or Bharat Coking Coal Ltd. which are Government companies within the meaning of S. 617 of the Indian Companies Act, 1956. The mining rights in various coal fields were acquired under the provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1973 and after acquisition the rights were transferred to the Government Companies mentioned above, who are carrying on the mining operations.

(3.) From time to time provisions have been made under the different enactments regulating the mining in different fields, in order to ensure safety and to eliminate malpractices. One of such enactments is the Act aforesaid. The preamble of the Act says that it is to regulate the employment of contract labour to certain establishments and "to provide for the abolition in certain circumstances". Sub-section (4) of Sec. 1 provides that the provision of the Act applies to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding 12 months as contract labour. Section 2 (2) (b) defines 'contract labour' as follows :