RAVI KANT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. V.P. Singh, learned senior counsel assisted by Mr. Arun Kumar Singh, Mr. Amit Kumar Das and Mrs. Rashmi Kumar, learned counsel for the petitioners and Mr. Shiv Shankar Kumar, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceeding in connection with C/2 Case No. 2215 of 2005 including the order dtd. 8/6/2005 passed by the learned Chief Judicial Magistrate, Jamshedpur, whereby, cognizance has been taken against the petitioners for the offences punishable u/s 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter to be referred to as the Act), pending in the court of the learned Sub Divisional Judicial Magistrate, Jamshedpur.

(3.) A written complaint was filed by the opposite party No. 2 on 30/5/2005 in the capacity of Labour Superintendent-cum-Inspector, Jamshedpur in which it was stated that M/s. Tata Motors Ltd., Jamshedpur is a factory registered under the Factories Act, 1948. It has further been stated that in terms of Govt. Notification No. 1721 dtd. 31/12/1977 the contract labour was banned in Telco Limited since renamed as M/s. Tata Motors Ltd. An enquiry was conducted on surprise inspection on 18/12/2004 in the premises of Tata Motors Ltd. and as per the enquiry report it was found that in spite of prohibition by the Government contract labour work was going on and it was further found that M/s. M.L. Electrical and Co. was doing maintenance job at foundry division. A show cause notice was asked from the management of M/s. Tata Motors Ltd. by the complainant and on the show cause being found to be unsatisfactory by the complainant, the present complaint case was instituted u/s 10(1) and 23 of the Act.