SOUMEN CHATTERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In both the petitions, common question of facts and laws are involved and that is why, both the petitions are being heard together with consent of the parties.

(2.) These petitions have been filed for quashing the entire criminal proceedings in connection with C.L. Act Case No.359 of 2010 including the cognizance order dtd. 16/11/2010, pending in the court of the learned Judicial Magistrate, 1st Class, Dhanbad.

(3.) Prosecution report was filed by opposite party no.2 alleging therein that opposite party no.2 conducted an inspection on 20/8/2010 at Bhowra (North) Colliery of M/s. Bharat Coking Coal Limited and in course of inspection, it was observed that 15 contract labourers were engaged by the Contractor M/s. Banwari Lal Agarwala Infra (J.V.) for executing the contract with work of transportation of coal from XIV(A) and XV seams of Bhowra (North) Colliery of E.J. Area, which was prohibited vide notification No. SO 2063 dtd. 21/6/1988 issued by the Ministry of Labour, Government of India and thereby have acted in contravention of Sec. 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970. In the prosecution report, it was further stated that show-cause notices were issued to the accused persons and the same were served.