J.J.IRANI Vs. SHALIGRAM PATHAK

JUDGEMENT

(1.) THE petitioners have challenged the entire criminal proceedings against them in Complaint Case No. C2 -956 including the order of cognizance dated 7.6.1996 whereby the learned Court below has taken cognizance of the offence under Sec. 23 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the CLA Act) against the petitioners and directed them to face trial.

(2.) THE primary ground advanced in support of the prayer is that the order of cognizance is hopelessly barred by limitation and that the learned Court below has passed the order of cognizance without application of judicial mind.

(3.) BEFORE adverting to the grounds advanced by the petitioners, reference may be made to the facts of the case in brief: A notification was issued by the State Government as contained in letter dated 20.12.1991 prohibiting engagement of contract labourers In respect of the work of permanent nature i.e. work of storage, cutting, carrying, loading and unloading of tube declared rejected by the company and also electrical maintenance of the Indian Tube Company at Jamshedpur. Such prohibition was promulgated under provision of Sec. 10 (1) of the CLA Act in terms of which the Company has assured that it had stopped engaging contract labourers for any purpose at all. On 16.12.1995, the Deputy Labour Commissioner -cum -Inspector, Jamshedpur, (the opposite -party No. 1) visited the factory premises of the company and had learnt that the labourers were engaged in the factory for the purpose of loading of tubes by private workers of a contactor namely, D.P. Bandhanwala. Altogether 32 workers were found engaged in the aforesaid work of loading which was allegedly in contravention of the statutory provisions of the Act. A notification pointing out the contravention indulged by the company was issued by the opposite -party No. 2 to the management of the company. The accusations were however denied by the Management with respect to the provision of Sec. 10(1) of the. CLA Act. The opposite -party No. 2 filed his written complaint before the C.J.M., Jamshedpur on 5.6.1996. Cognizance of the offence under Sec. 23 of the Act was taken by the learned Court below by order dated 7.6.1996 which has been impugned in this case.