SUBUIR GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Indrajit Sinha along with Mr. Rishav Kumar, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Laxman Kumar, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing of entire criminal proceeding in connection with C.L. (R&A) Act Prosecution Case No.170 of 2012 including the order taking cognizance dtd. 21/11/2012, pending in the court of the learned Judicial Magistrate, Dhanbad.

(3.) The complaint was filed by the Labour Enforcement Officer (Central), who has been appointed as an Inspector under Contract Labour (Regulation and Abolition) Act, 1970, wherein, it has been alleged that the accused person are responsible for the affairs of the company and is the principal employer and carrying out the contract work of removal of overburden, extraction and transportation of coal from XV seam hired HEMM patch of Bhowra (South) Colliery, Eastern Jharia Area, Bharat Coking Coal Limited by employing contract labour. The complainant being an Inspector had inspected the establishment of the accused person on 22/8/2012 and observed the offence that any contravention of Sec. 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970, the employer have engaged 15 contract labours through M/s SAR Parivahan Pvt. Ltd., contractor for executing the contract work of earth cutting, removal of overburden and extraction of coal at Bhowra (South) Colliery, Eastern Jharia, Bharat Coking Coal Limited, which is prohibited by Government vide notification dtd. 21/6/1988. The petitioner was arrayed as accused at Serial No.1 to the complaint petition and he had submitted his show-cause, which was found unsatisfactory and accordingly the present case was registered.