SHIV RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the entire criminal prosecution launched in connection with CLA Case No.132 of 2013, including the Order dtd. 16/4/2013 whereby learned Chief Judicial Magistrate, Dhanbad has been pleased to take cognizance of offence under Sec. 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970, pending in the court of learned Sub Divisional Judicial Magistrate, Dhanbad.

(2.) Status report is on the record which suggest that the case of accused Subodh Kumar Agarwal and Arun Kumar Agarwal was disposed of on 26/9/2015 and 28/11/2015 respectively in Lok Adalat. The case of the petitioner is pending before the learned court.

(3.) The prosecution case was registered on the written complaint of O.P.no.2 alleging that (a) the complainant is Labour Enforcement Officer (Central) Baghmara having jurisdiction over the establishment of the accused person, and (b) the O.P.No.2 inspected the establishment of Jamunia Open cast project of Area-II, BCCL on 18/1/2013 and observed that contract labours were engaged in excavation of coal and for removal of over burden, extraction etc in Jamunia Open Cast project of Area-II of M/s BCCL in contravention of notification issued under Sec. 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970.