CHANDRA KOCHHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two cases arise out of the same complaint and the impugned order dated 30-11-2004 taking cognizance of the offence under Sections 23/24 of the contract Labour Act against the petitioners of the said cases along with another accused namely Vivek Mishra. Said Vivek Mishra is not a party in these petitions.

(2.) AT the time of argument, common questions were raised on the basis of the facts and as such both the cases have been heard together and are being disposed of by this common order. The cognizance has been taken on the basis of the complaint made by the complainant-Assistant Labour commissioner (Central), Ranchi.

(3.) LEARNED counsel appearing on behalf of the petitioners submitted that in the whole complaint petition there is no specific allegation against the said petitioners namely Mrs. Chandra Kochhar and T. V. Narayanan that they are the persons responsible for the supervision and control of the establishment at Ranchi. They have been sought to be prosecuted for the alleged violation of the several rules, which was allegedly found on inspection by the complainant of Ranchi establishment of icici Bank Ltd. Though there is no specific allegation, they have been sought to be prosecuted as principal employer. There is nothing in the complaint or anything on record to establish that the said petitioners are principal employers. It has been submitted that the principal employer has been defined in Section 2 (g) of the Contract labour (Regulation and Abolition) Act, 1970. Admittedly it is not a Government Department, rather it is an establishment and for the establishment 'principal employer' is defined in Section-2 (g) (iv) of the said Act. According to the said definition, in the case of establishment 'principal employer' is any person responsible for the supervision and control of the establishment. There is not a single word in the complaint even to allege that these petitioners are responsible for the supervision and control of the establishment at Ranchi. Mrs. Chandra Kochhar (petitioner in Cr. M. P. No. 274 of 2005) is the Executive director, ICICI Bank Ltd. , Mumbai and T. V. Narayanan (petitioner in Cr. M. P. 547 of 2005) is Regional Head of the ICICI Bank ltd. , Kolkata. Regarding the allegation of violation of the rules, the said two petitioners do not come anywhere in the picture. There is no allegation that the alleged provisions of the rules were to be complied with at their end, in their official capacity.