MD. FASSIHUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Sunil Kumar Dubey, learned counsel for the State and Mr. Prashant Kumar Singh, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing of the entire criminal proceeding in connection with C-7 55/97 including the order taking cognizance dtd. 21/5/1997, whereby, the learned court has been pleased to take cognizance under Ss. 23/24 of the Contract Labour (Regulation and Abolition) Act, 1970 (herein after to be referred to as 'the Act, 1970'), pending in the court of the learned Chief Judicial Magistrate, Chaibasa.

(3.) The complaint case has been filed alleging therein that accused persons were executing the work of Iron Mining at Noamundi Iron Mine of M/s TISCO Ltd. and are responsible for the maintenance of registers/records and observance of various other provisions of the Act, 1970 and rules made thereunder for their establishment. The establishment of the accused persons were inspected by the Assistant Labour Commissioner (Central)/Labour Enforcement Officer (Central) Chaibasa/Dhanbad/Koderma on 21/12/1996 at 12:20 p.m. when 1748 persons were found working in the establishment and during the course of his inspection he observed the following illegalities: