(1.) Heard Mr. Manish Kumar, learned counsel for the petitioner and Mr. Fahad Allam, learned counsel for the State.
(2.) This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 30/9/2011 in CL Case No.160 of 2011, pending in the Court of the learned Judicial Magistrate, 1st Class, Dhanbad.
(3.) The complaint case was filed alleging therein that the complainant is the Labour Enforcement Officer (Central), Dhanbad-III and an Inspector under Sub-sec. (1) of Sec. 28 of the Contract Labour (Regulation and Abolition) Act, 1970 having jurisdiction over the establishment of the accused persons. Opposite party no.2 inspected the establishment of the accused persons on 22/6/2011 and observed that in contravention of the notification No. S.O. 2063 dtd. 21/6/1988 issued by the Ministry of Labour and Employment, Government of India, the employer has engaged 36 Contract Labourer by M/s Vin Balajee JTT (JV) Contractor for executing the contract work of removal of overburden and extraction of coal at Sendra Bansjora Project, M/s BCCL, Dhanbad. The above offences were recorded in the inspection report cum showcause notice dated03.08.2011 and were sent to the accused persons by registered A/D post and the same has been served upon them. The accused persons were aware that the notification prohibiting the employment of Contract Labour has been issued. The accused-petitioner and the contractor have conjointly committed the offence.