RAKESH RANJAN PRASAD, J. - (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. Nobody appeared on behalf of the Opp. Party No. 2. Counter affidavit has also not been filed on behalf of the Opp. Party No. 2, in spite of ample opportunities being given for filing counter affidavit.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of CLA Case No. 17 of 2000 including order dated 04.01.2000 passed by the then learned Chief Judicial Magistrate, Dhanbad whereby and whereunder, the cognizance of the offence punishable under Section 23 & 24 of the Contract Labour (Regulation and Abolition) Act, 1970 has been taken against the petitioner and another person. Before adverting to the submission advanced on behalf of the petitioner, the case of the complainant needs to be taken notice of.
(3.) A complaint was lodged by the Labour Enforcement Officer (Central) Dhanbad -1, stating therein that on inspection of Coalbed Mathane Project, Talgoria, District Bokaro, a unit of ONGC, following irregularities were found: - 1. That the accused persons has failed to display the notice showing the rates of wages, hours of work, wage period, date of payment of wages, date of unpaid wages and name and address of the Inspector in English and Hindi version. Breach of Rule 81(1)(i). 2. That the accused persons has failed to nominate the representative to be present at the time of disbursement of wages by the Contractor. Breach of Rule 72. 3. That the accused persons has failed to maintain the register of Contractors in Form XII at all. Breach of Rule 74. 4. That the accused persons has failed to submit the notice of commencement/competition of Contract job of the contractors in Form VIB. Breach of Rule 81(3). ;