DEBASHISH CHATTERJEE Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This Cr.M.P. has been preferred by the petitioner for quashing the order dated 9th February, 2004 passed by learned Chief judicial Magistrate, Hazaribagh in connection with Complaint Case No.G28 of 2004 (T.R. No.1235 of 2004), whereby cognizance has been taken under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 and also for quashing the entire criminal prosecution, arising out of Complaint Case No.G28 of 2004, corresponding to T.R. No.1235 of 2004, pending in the court of learned Judicial Magistrate 1st Class, Hazaribagh,

(2.) The facts of the case, in brief, is that the complainant, who was appointed as Inspector under the provisions of Section 28 of the Contract Labour (Regulation and Abolition) Act, 1970, had inspected the establishment of the accused- situated at Sarubera Colliery, loading point, on 11.11.2003 at 11:00 a.m. According to the complaint, the Inspector had found that the accused had engaged contract labourers in loading of coal contrary to Notification No. SO 2063 dated 21st June, 1988 issued by the Ministry of Labour, Government of India, in exercise of power conferred under Section 10(1) of Contract Labour (Regulation and Abolition) Act, 1970. Accordingly, inspection report was submitted. Pursuant to inspection report, a show cause notice was issued to the accused vide Ref. No. 35(5)/2003-ALC(H) dated 9th/12th December, 2003 and on receipt of show cause notice, reply was filed which was not found satisfactory and it was held that the accused persons are responsible for violation of Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970.

(3.) After filing of the complaint and perusing the record, learned Chief Judicial Magistrate, Hazaribagh took cognizance of the offences under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 and issued summon against the petitioner.