JUDGEMENT
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(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State as well counsel appearing for the opposite party no. 2.
(2.) THIS application filed under Section 482 Cr.P.C. on behalf of the petitioner is for quashing the order dated 15.3.2004 passed by the Chief Judicial Magistrate, Dhanbad in C.L.A. Case No. 70 of 2004, whereby learned Magistrate took cognizance of the offences under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970.
The facts giving rise to this application are as follows: -
The Labour Enforcement Officer(C), Dhanbad (Opposite Party No.2) filed a complaint, stating therein, that on 15.12.2003 he made an inspection in the establishment of M/s Dhansar Engineering Company (P) Ltd. and found that the employer has engaged 50 contract labour for "raising of coal" and "coal loading" through the contractor M/s Dhansar Engineering Company (P) Ltd. engaged in the job of extraction and transportation of coal at Khas Kusunda O.C.P. of M/s B.C.C.L., which is prohibited by Notification No. 2063 dated 21.6.1988 issued by Government of India and as such employer contravened the provision of Section 10(1) CL (R&A) Act, 1970.
(3.) ON receiving the complaint the learned Chief Judicial Magistrate, Dhanbad took cognizance of the offences under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 and issued summon against the petitioners.;
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