JUDGEMENT
Rajeev Kumar Dubey, J. -
(1.)This petition has been filed under Section 482 of Cr.P.C. for quashing the proceedings of criminal case No.2453/2006 (Inspector, under Building and Other Construction Workers Act, 1996 Vs. S.K. Dudeja & Ors.) presently pending before the court of Chief Judicial Magistrate, Khandwa (M.P.) for the offence punishable under Sections 47 of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter referred to as the Act') for non compliance of the provisions contained in the M.P. Building and other construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002. (Hereinafter referred to as the said Rules).
(2.)Brief facts of the case which are relevant for disposal of this petition are that The Narmada Hydroelectric Development Corporation Ltd. has undertaken a project in the name of "Omkareshwar Pariyojna" for building a 520 Megawatts Hydro Power Plant. The aforesaid work of building a 520 Megawatts Hydro Power Plant is being done by Ms. J.V.S. Consortium which includes the following partners:
A. M/s Jaiprakash Associates Ltd. (for Civil works)
B. M/s Voith Siemens (For Electrical and Mechanical works.
(3.)Applicant Sachin Gaur was the project director of that project. In the aforesaid construction work M/s Jaiprakash Associates Ltd. used a tower crane to lift shuttering, cement etc. On 17/01/2006 During work said tower crane was accidented. In that accident, six labourers sustained injuries and one of the injured namely Piyush was died during treatment. On that, on 19/01/2006 P.P. Pateria, Inspector, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 carried out an inspection of the project site and during the course of the said inspection, certain breaches were noticed by the respondent with reference to the rules framed under the said Act under the nomenclature of the M.P. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002. Therefore, he sent the report to Labour Commissioner/ Chief Inspector Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996. On that, show cause notice was also issued by the Chief Inspector to the employer "NHDC" and the contractor and after considering the reply of the said notice Chief Inspector gave the sanction for prosecution of applicant and other four coaccused. Upon receiving a sanction, respondent lodged a complaint against the petitioner and other four accused before Chief Judicial Magistrate Khandwa. On that complaint, criminal case No.2453/2006 was registered and on that complaint learned C.J.M. took cognizance against present applicant and other co-accused. Being aggrieved from that order applicant filed this petition.
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