PADAM PD JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the criminal proceeding (suit No. 1 (c) of 1976) pending in the court of Shri B.L. Singh, Judicial Magistrate, 1st class, Sasaram. The proceeding was initiated upon a petition of complaint filed by Chandrika Mishra, Labour Inspector, Rohtas, Dalmianagar, who is the Inspector under the Contract Labour (Regulation and Abolition) Act, 1970 against the petitioner in the court of the Chief Judicial Magistrate, Sasaram on 3-1-1976. It was alleged in the petition of complaint that the petitioner Padam Pd. Jain was the employer in relation to the industrial concern Messrs Padam Pd. Jain and company and he had contravened the provisions of Section 12(1) of the Contract Labour (Regulation and Abolition) Act, 1970, hereinafter referred to as 'the Act' and Rules 21, 24 and 26(2) of the Bihar Contract Labour (Regulation and Abolition) Rules, 1972 (hereinafter referred to as the Rules'). The date of the occurrence as given at the top of the petition of complaint is as follows :

(2.) Section 27 runs thus:

(3.) One of the offences and indeed the principal offence, alleged in the petition of complaint is failure to take out a licence under the Act by the petitioner who according to the averments, was a contractor employer which in the context means a contractor within the meaning of expression as defined in Section 2(c) of the Act. Section 12 of the Act provides :