UNION OF INDIA Vs. S.C. AGARWAL

JUDGEMENT

(1.) THIS criminal leave to appeal has been filed against the order dated 21.02.2012, passed by the Gram Nyayalaya, District Kota (hereinafter 'the trial court) in criminal case No.39/2010.

(2.) THE case set up against the accused-respondents (hereinafter 'the accused') was that the accused while undertaking mining activities on the basis of a mining lease issued by the State Government were in contravention of notification dated 15.12.1979 issued by the Government of India under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter 'the Act of 1970') prohibiting employment of contract labour in removing overburden in the course of mining operation. It was stated by the prosecution that consequently the accused were liable for conviction under Section 10(1) of the Act of 1970 and punishable under Section 23 thereof.

(3.) AT the outset, the counsel for the appellant was queried by the court as to whether the notification dated 15.12.1979, contravention whereof was alleged for the prosecution of the accused, had been filed before the trial court. It is not in dispute that the very foundation of the criminal trial of the accused was the contravention of the notification dated 15.12.1979. Counsel for the appellant fairly admitted as is also apparent from the impugned judgment dated 21.02.2012 that the notification dated 15.12.1979 was not filed before the trial court; exhibited or proved, in the course of trial.