- (1.) Heard Mr. P.P.N. Roy, learned Senior Counsel for the petitioners and Mr. Ashok Kumar Singh, learned Counsel for O.P. No. 2. In this application, the petitioners have prayed for quashing the entire criminal proceedings in connection with C/2 Case No. 185 of 2002, corresponding to T.R. No. 1107 of 2006 including the order dated 16.1.2002 passed by learned Chief Judicial Magistrate, Jamshedpur, whereby and whereunder cognizance has been taken for the offence punishable under section 23/24 of the Contract Labour (Regulation and Abolition) Act, 1970 (The Act for short).
(2.) A complaint was lodged by the opposite party No. 2 in his capacity as the Assistant Labour Commissioner (C), Chaibasa and Inspector appointed under section 28 of the Act to the effect that the accused persons were executing contract work of erection of electrical equipments of Lafarge Cement, Jamshedpur and are the persons responsible for maintenance of registers/records and observance of various other provisions of the Act and the rules framed therein. It has been alleged that on inspection made in the establishment of the accused persons, several discrepancies were found, which were not in conformity with the Rules and as such the complaint case was instituted for the offence punishable under sections 23/24 of the Act.
(3.) On receipt of the prosecution report, the learned Chief Judicial Magistrate, Jamshedpur was pleased to take cognizance on 16.1.2002 in C/2 Case No. 185 of 2002 for the offences punishable under section 23/24 of the Act.;