RUSI HOMI MODY Vs. LABOUR ENFORCEMENT OFFICER

JUDGEMENT

(1.) These two Criminal Miscellaneous applications have been heard together and are being disposed of by this common judgment as the points involved in both the applications are similar.

(2.) This application has been filed for quashing the order taking cognizance on the complaint petition dated 18-6-1981 which is Annexure 1 to this application pending in the court of Sri. B.J. Ansari. Judicial Magistrate, Hazaribagh in G.R. Case No. 1663 of 1981. The order dated 20-6-1981 taking cognizance is Annexure 4 to this application.

(3.) The facts giving rise to the filing of the complaint petition are as follows: There is a coal mine at Ghatotand of Tata Iron and Steel Company Limited (hereinafter referred to as the Company) and the petitioner is the Vice Chairman-cum-Managing Director of the Company. The Company owns the aforesaid colliery named as West Bokaro colliery at Ghatotand. This Ghatotand is in the district of Hazaribagh and the coal raised from the mine is consumed in the factory at Ghatotand for manufacturing Steel Goods. The petitioner resides at Calcutta whereas the coal mine at Ghatotand is much away from the place of residence of this petitioner. The petitioner is not the principal employer within the meaning of Contract Labour (Regulation and Abolition) Act, 1970 (herein after to be referred as the Act). The Limited company is the owner of the mine. The petitioner is also not the agent of the mine not the manager of the mine.