- (1.) Both the applications arose from the same complaint case, thus are heard together and disposed of by this order.
(2.) In these applications petitioners prayed for quashing the entire criminal proceedings in connection with G.O. Case no. 252 of 2013 including the order dated 11.12.2013 passed by learned Judicial Magistrate, Ist Class, Seraikella, whereby and where under, he took cognizance of the offence under section 92 of the Factories Act, 1948.
(3.) It appears that an inspection carried out in the Growth Shop of M/s Tata Steel Limited on 14.09.2013 and in course of inspection, it was found that in Fabrication Yard No.1 about 100 numbers of contract labourers engaged. However, on inquiry, it came to the notice of the Inspecting Team that though the Management took overtime service from them, but in terms of Factories Rule, 1950 ( Form-10 A) overtime slip not provided to them, which is violative of Rule 103A of the Factories Rule, 1950. The Inspecting Team further found that the contract labourers were not provided with leave book in Form-15 of the Factories Rule, which is violative of Rule 88 of Jharkhand Factories Rules, 1950. It is further alleged that on inspection of canteen, the following shortcomings defected : (a) There is no partition for the female workers in the dining hall and service counter. (b) Doors and windows of the canteen are not fly proof. (c) Menu Chart, rate and the names of members Canteen Managing Committee has not disclosed on the board. (d) For washing of utensils no arrangement of hot water has been made.;