ASHUTOSH RASTOGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Surabhi, the learned counsel for the petitioner, Ms. Shweta Singh, the learned counsel for the respondent State and Mr. Vikas Kumar, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing of the entire criminal proceeding in G.Case No.592 of 2009, pending in the court of Judicial Magistrate, 1st Class, Hazaribagh including the order taking cognizance dtd. 19/12/2009 whereby learned court has been pleased to take cognizance under Sec. 23 and 24 of Contract Labour (Regulation and Abolition) Act, 1970.

(3.) The complaint was registered on the basis of a written complaint filed under Sec. 23 and 24 of Contract Labour (Regulation and Abolition) Act, 1970 by the O.P.No.2. The complainant is Labour Enforcement Officer (Central) at Hazaribagh. It is alleged in the complaint petition that the complainant is appointed as Labour Enforcement Officer and has been appointed as an Inspector under Sec. 28 of Contract Labour (Regulation and Abolition) Act, 1970. The complainant inspected the establishment of the accused at Office of Sr. Divisional Manager, LIC of India, at Julu Park, Hazaribagh on 30/9/2009. It is alleged that the accused is the Principal employer contemplated under Sec. 2(g) of the Act relating to establishment for civil construction and maintenance work and observed the above offences, which were committed by the accused and an inspection cum show cause notice dtd. 19/10/2009 was served on the accused person and his reply was not received till date. According to the complainant, the accused person is responsible for the violation of the Act and Rules. According to complainant the accused has committed the following offense: