D.K. Sinha, J. - (1.) The petitioner Kashinath Bohra has preferred this petition under Section 482, Cr. P.C. for quashing the entire criminal proceeding including the order impugned dated 29-2-1996 passed by the Additional Chief Judicial Magistrate, Rajmahal in Trial Case No. 358/03 arising out of O.C.R. Case No. 10/1996.
(2.) On the complaint filed by the Labour Enforcement Officer (C), Pakur dated 14-2-1996 for the offence under Sections 23/24 of Contract Labour (R&A) Act, 1970 for contravention of certain provision of the said Act, cognizance of the offence was taken on 29-2-96 against the petitioner Kashinath Bohra and another B.L. Bohra being the representative of M/s. Tirupati Engineer Private Limited.
(3.) It is alleged that the complainant-Opposite Party No. 2 inspected the said mines without mentioning the location thereof on 2-1-1996 and detected the following commission of the offence by the accused. "(a) Executing work through more than 20 contract workers without obtaining valid licence as per Rule 12 (1) (b). (b) The following notices were not displayed in the English and Hindi as per Rule 81(7) (i). (i) Notice of rates of wages, hours of work, wages period, date of payment of wages, date of payment of unpaid wages and name and addresses of the Inspector. (ii) Notice showing the wages period and place and time of disbursement of wages were not displayed as per Rule 71. (iii) Copies of the notice required to be displayed at work spot under Rule 81(i) not sent to the workers as per Rule 81 (ii). (iv) Abstract of the Act and Rules made therein have not been displayed as per Rule 79. (c) The following registers were not kept at work spot : (i) Muster Roll, register of wages breach of Rule 78(1) (a) (i). (ii) Register of fine, register of deduction (Rule 78 (i) (a) (ii). (iii) Register of overtime, breach of Rule 78 (1) (a) (iii). (iv) Register of person employed has not been maintained as per Rule 75. (v) Employee cards have not been issued to the workers as per Rule 76(i). (vi) Wages slip have not been issued to the workers as per rule 23(i) and 78 (i) (b). (vii) First Aid facilities not provided to the workers under Section 19. (viii) Rate of wages paid to the workers found less than the prescribed minimum wages 25(2) (iv).;