- (1.) Heard the parties. This application has been filed for quashing of the order dated 10.7.1997 passed in C.L.A. Case No. 299 of 1997 whereby and whereunder, cognizance of the offence under Section 24 of the Contract Labour (Regulation and Abolition) Act has been taken against the petitioner.
(2.) It is the case of the complainant that when the complainant- Labour Enforcement Officer (Central) Jharia, Dhanbad made inspection of the establishment of the petitioner- company, which has been engaged by TISCO for rendering security services, following irregularities were found.- i) Registrar of persons employed was not kept at an office of the nearest convenient building within the precincts of the work place or at a place within a radius of 3 KMs. by the contractor. Breach of Rule-75 read with Rule-80(1) of the said Rules. ii) Muster Roll and register of wages were not kept at an office of the nearest convenient building within the precincts of work place or at a place within a radius of 3 KMs. by the contractor. Breach of Rule-78 (1)(a)(i). iii) Register of Advance, Register of Fine and Register of deduction for damage or loss were not kept at an office by the contractor. Rule-78 (1)(a)(ii). iv) Register of overtime was not kept at an office or the nearest convenient building within the precincts of the work place or at a place within a radius of 3 KMs. by the contractor. Breach of Rule-78 (1)(a)(iii) read with Rule-80(1). v) The following notices were not displayed at the work-spot in English & Hindi by the contractor as required under Rule-81(1)(i). vi) (i) Rates of wages (ii) Hours of work, (iii) Date of payment (iv) Wage period, (v) Date of payment of unpaid wages (vi) Name & address of the Inspector having jurisdiction over the establishment i.e. Asstt. Labour Commissioner (Central), Dhanbad and the Labour Enforcement Officer (Central), Jharia at Dhanbad. vi) A notice showing wage period, place and time of disbursement of wages were not displayed by the contractor at the place of work and a copy of its had not been sent to the Principal Employer i.e. Manager, Jamadoba washery, TISCO, Dhanbad under acknowledgment as required under Rule-71. vii) An abstract from the Act and Rules framed there under in the form approved by the CLC(C), New Delhi contractor in English & Hindi. Rule-75. viii) Copies of the notices were not sent by the contractor to the Inspector having jurisdiction over the establishment i.e. Labour Enforcement Officer (C), Jharia at Dhanbad in English & Hindi in contravention of Rule 81(2) of the said Rules. ix) Employment Card were not issued at all within 3 days from the date of employment of the workers by the contractor as required under Rule-76(i) of the said Rules. x) Non-issue of wages slips by the contractor to the workers concerned at least a day prior to disbursement of wages. Breach of Rule-78 (1)(b). xi) First-aid facilities have not been provided as per Section 1 read with Rule 58 to 62 of the said Act & Rules. xii) The contractor has failed to provide Rest Room to the workers as required under Rule-41 of the said Rules.
(3.) Thus, it has been alleged that the accused person having contravened the said provision has made himself liable to be prosecuted under the Contract Labour (Regulation and Abolition) Act. On filing complaint when cognizance of the offence was taken vide order dated 10.7.1997, that order was challenged to be bad.;