SINTRA LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY means of these petitions under Section 482 of the Code of Criminal Procedure, petitioners have challenged the validity of the impugned orders, taking cognizance under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (in short 'the Act) and processes against them to face trial.

(2.) CR . Misc. No. 13829 of 1995 and 7734 of 1989 are on behalf of petitioner Sintra Limited, a company incorporated under the Indian Companies Act, 1956 and the President and Manager of the said Company, whereas Cr. Misc. Nos. 16033 of 1995 and 7248 of 1989 are on behalf of the subcontractors of M/s. Sintra Limited.

(3.) SINCE petitioners had obtained licence under Section 12(1) of the Act from the State Government and not from the Central Government, notices were issued by the Labour Enforcement Officer (Central), Government of India, calling them to show cause why complaints be not filed as they had failed to obtain licence from the 'appropriate' Government and, therefore, violated the provisions of the Act and Rules. In compliance of such notices petitioners filed their show cause, stating since they had already obtained licences from the State Government, the Central Government, not being the 'appropriate' Government the Labour Enforcement Officer (Central) had no jurisdiction to call upon them to show cause or to take steps for filing complaint. It is alleged that respondent authorities without any endeavour to ascertain as to which Government will be the appropriate Government' for the concerned establishments, filed complaints before the concerned Chief Judicial Magistrates.