B S JABBI Vs. LABOUR ENFORCEMENT OFFICER

JUDGEMENT

(1.) These two Criminal Miscellaneous applications have been heard together and will be governed by this common judgment. The points in both the applications are common and will be dealt with hereinafter.

(2.) This is an application under Section 482 of the Code of Criminal Procedure, 1973. for quashing annexure 4 whereby the Chief Judicial Magistrate, Hazaribagh by order dated 2-5-1981 took cognizance of the offence under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act") and process were issued against the petitioner.

(3.) The prosecution of the petitioner was initiated on a complaint filed by the Labour Enforcement Officer (Central) Hazaribagh. In the complaint, Rosi Homi Modi, Managing Director and Vice-Chairman of M/s. Tata Iron and Steel Company Limited. Jamshedpur, the petitioner and Lokeshwar Prasad, Manager of West Bokaro Colliery, P.O. Ghantotand, were mentioned as accused. Accused No. 3 Lokeshwar Prasad has not moved this Court. In this case we are not concerned with the case of the first accused. Rosi Homi Modi, the petitioner, at the relevant time, was the Assistant Divisional Manager and Agent of West Bokaro Colliery. S. B. Singh, the Assistant Labour Commissioner and Inspector appointed under Section 28 of the Act inspected West Bokaro Colliery of M/s. Tata Iron and Steel Company Limited. In course of inspection it was found that for the year ending 31-12-1981 annual return had not been submitted by the accused persons who were principal employers. The return had to be submitted in terms of Rule 82 (21 of the rules made under the Act, according to which return should have been filed by the 15th of February, 1981. It is not in controversy that the statutory return was not filed by the 15th of February 1981. It appears that by notice dated 29th March, 1981 the accused were asked to show cause why they be not proceeded against for not filing the return within time. The cause was shown by the petitioner alone on 20-4-1981 in which it was stated that although the return had not been filed by the 15th of February. 1981. It had been filed on 30-3-1981 and that the delay in filing the return may be condoned, On receipt of the show cause the present complaint was filed by the Labour Enforcement Officer (Central) Hazaribagh. On receipt of the complaint the learned Chief Judical Magistrate, Hazaribagh took cognizance of the offence by order dated 2-5-1981. The petitioner being aggrieved by the said order of the learned Magistrate has moved this Court for quashing his prosecution.