C.S.P.CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite party no.2. This application has been filed for quashing of the entire criminal proceeding of complaint case bearing C-2 case no.1135 of 2009 including the order dated 15.7.2009 whereby and whereunder cognizance of the offence punishable under Sections 47 and 48 of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 has been taken against the petitioner.

(2.) IT does appear that the complainant, Labour Enforcement Officer (Central), Chaibas lodged a complaint case on the allegation that this petitioner was found getting a work of "Earth Cutting for laying of Telephone Cable in National Metallurgical Laboratory", Jamshedpur, Dist- Singhbhum (East) executed and was responsible for maintenance of Registers/Records and observance of various other provisions of the said Act.

(3.) IN support of his submission, learned counsel has referred to a decision rendered in a case of C.P.Jain and others vs. INspector, Building and another [Special Leave to Appeal (Crl.) No.853 of 2007] holding therein that in absence of company being made accused, its officers or employees cannot be prosecuted under the said Act. Mr.Prabhash Kumar, learned counsel appearing for the opposite party no.2 submitted that there has been specific averment in the complaint that the petitioner was the person responsible for maintenance of registers/records and for observance of various other provisions of the said Act and as such, he is being rightly prosecuted and therefore, the order taking cognizance never warrants to be quashed.