VIVEKANAND MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Rajiv Ranjan, learned senior counsel for the petitioner and Mr. Laxman Kumar, learned CGC for the Union of India.

(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceeding in connection with Complaint Case No. III/207 of 2004 including the order dated 30.11.2004 by which cognizance has been taken for the offence under Sections 23 and 24 of the Contract Labour (Regulation & Abolition) Act, 1970.

(3.) Submission has been advanced by the learned senior counsel for the petitioner that the ICICI Bank Ltd. has never been made accused as complaint case has been instituted against 3 accused persons - petitioner as well as the Regional Head and Chairman-cum-Managing Director of ICICI Bank. Learned senior counsel submits that in absence of the bank having been made accused, no vicarious liability could have been fixed upon the petitioner. It has also been stated that so far as the case of the other co-accused is concerned, the same has been quashed in the case of "Mrs. Chandra Kochhar v. Union of India reported in, 2011 2 JCR 319 (Jhr.) " (Cri. M. P. No. 274 of 2005): (2009 (3) AIR Jhar R 355). learned senior counsel has further submitted that prior to instituting a complaint case it would have been the duty of the Assistant Labour Commissioner to carry out an inspection to verify as to the person who is in-charge of and responsible for the affairs of contract labour. In this context, he has referred to Cri.M.P. No. 1658 of 2017 disposed of on 09.03.2015. Learned senior counsel on the question of vicarious liability has relied on the judgment passed in the case of "Anil Gupta v. Star India Private Ltd. & another reported in, 2014 10 SCC 373 : (AIR 2014 SC 3078)".