The Hon’ble Jharkhand High Court noting that there was delay of one day in filing of the complaint case for non-compliance of sections 23 and 24 of Contract Labour (Regulation and Abolition) Act, 1970, quashed proceedings against Petitioner No.2, officer of the company.

The Bench further noted that Petitioner No.2 already retired and after that case was lodged. Further, cognizance was taken only against the company.  Moreover, there were no averments against Petitioner No.2 to the effect that Petitioner No.2 was looking after the day-to-day affairs of the company which is one of the ingredients to make out the case under the Section 25 of the Act.

Brief Facts:

The present petition has been filed to seek quashing of the entire criminal proceeding including the order taking cognizance for non-compliance of sections 23 and 24 of Contract Labour (Regulation and Abolition) Act, 1970.

Contentions of the Petitioners:

It was argued that Petitioner no.1 is a company and Petitioner no.2 was an officer of the company and he has already retired from the said company and thereafter the present case has been lodged. Further, Petitioner no.2 is shown in a representative capacity of the company and as such, a separate person is not made an accused in the complaint case.

It was also argued that the complaint has been lodged one day after the limitation period.

Observations of the Court:

It was observed that there was delay of one day in filing of the present complaint case.

The Bench further noted that Petitioner No.2 already retired and after that case was lodged. Further, cognizance was taken only against the company.  Moreover, there were no averments against Petitioner No.2  to the effect that Petitioner No.2 was looking after the day-to-day affairs of the company which is one of the ingredients to make out the case under Section 25.

The decision of the Court:

Based on aforementioned reasoning, the Court accordingly allowed the petition.

Case Title: M/S. Larsen and Turbo Ltd. & Anr. v. State of Jharkhand & Anr.

Case No.: Cr.M.P. No. 808 of 2017

Coram: Hon’ble Mr. Justice SANJAY KUMAR DWIVEDI

Advocates for Petitioner: Advs. Mr. Vikas Pandey, Mr. Janak Kumar Mishra, Mr. Sanjay Kumar Prasad,

Advocates for Respondent: Advs. Mr. Sanjay Kumar Srivastava, Mr. Ravi Prakash

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