A.K. SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this Cr.M.P the petitioner has prayed for quashing the order dated 11.4.2000 passed by the learned Chief Judicial Magistrate, Dhanbad in C.L.A. Case No. 154/2000 as well as the entire criminal proceeding of the said case. By the said order the learned Magistrate has taken cognizance of the offences against the petitioner under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act, 1970 [hereinafter referred to as 'the said Act'].

(2.) THE petitioner is the Managing Director of M/s Bharat Coking Coal Limited (B.C.C.L) having its Head Quarters at Dhanbad. He has been sought to be prosecuted for violation of certain rules framed under the said Act. According to the complaint, the following irregularities were found: (i) Notices showing the rates of wages, hours of the work, wage periods, date of payment of wages, names and address of Inspector having jurisdiction and date of payment of unpaid wages have not been displayed in English and Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment. (ii) The changes and some of the particulars specified in the certificate of registration within the prescribed time were not intimated. (iii) The register of contractors has not been maintained in proper form and (iv) The return in the appropriate form etc has not been submitted.

(3.) THE impugned order taking cognizance has been challenged by the petitioner mainly on the following grounds: (i) He is the Managing Director of the B.C.C.L under which there are hundreds of such collieries (ii) The irregularity, if any, as alleged in the complaint, is at the particular colliery and the petitioner is not expected to visit each and every colliery every day, it is not also possible.