State Bank Of India vs State, Through Labour ...
2002 Latest Caselaw 259 Del

JUDGMENT

K.S. Gupta, J.

1. In this petition under Section 482 Cr.P.C., petiotner-accused seeks quashment of the compaint dated 25th September 1997 filed by the respondent.

2. Complaint (Annexure P-2) was filed by the State through Labour Enforcement Officer (C) alleging that brach at 11, Sansad Marg of the petitoner bank was inspected by complainant-respondent on 9th July 1997 and work of sweeping and cleaning of premises there was found being done through Ajay Kumar, Contractor by employing 6 contract labourers. As per notification No. 779(E) dated 9th December 1976 issued by Government of India, Ministry of Labour, New Delhi under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short the 'Act') work of sweeping and cleaning is prohibited category of employment and punishable under Section 23 of the Act. The petitoner is the principal employer as defined under Section 2(1)(g) of the Act for the said work. It was prayed that petitoner be summoned and tried for the offence committed.

3. Relying on the decision in Indian Iron & Steel Co. Ltd and Ors. v. State of Bihar and Ors., 1987 Vol.2 LLJ 333 the contention advanced by Sh. Jagat Arora for petiotner was that alleged violation of notification No. 779(E) dated 9th December 1976 by petitioner bank, would not attract penalty under Section 25 of the Act. Also relying on the decision in Steel Authority of India Ltd and Ors. v. National Union Water Front Workers and Ors. 2001 II-LLJ 239, further contention advanced was that said notification has since been quashed by the Supreme Court and it cannot, thus, form the basis for prosecuting the petitoner.

4. In M/s. Indian Iron & Steel Co. Ltd's case (supra), the violation alleged by petitoner was of Notification dated 1st February 1975 which prohibited employment of contract labour in the works of raising-cum-selling of coal; coal loadin and un-loading; overburden removal and earth cutting, soft coke manufacturing and driving of stone drifts and miscellaneous stone cutting underground, issued under Section 10(1) of the Act. One of the points raised on behalf of petitoner was that violation of said notification cannot attract penal provision of the Act unless the conduct attributed to the petitoners fell strictly under the penal provisons of the Act or the rules framed there under. While dealing with that point it was held that without violation of the provisons of the Act or rules framed there under, the proseuction cannot fasten criminal liability against the petitoner on the strength of said notification issued under executive power taking aid of said Section 10(1). Aforesaid notification No.779(E) dated 9th December 1976 which prohibits employment of contract labour for sweeping and cleaning etc, is similar to above notification dated 1st February 1975.

5. In Steel Authority of India Ltd's case (supra), aforesaid notification No. 779(E) dated 9th December 1976 had been quashed by the court prospectively ie.e from the date of judgment subject to clarification that on the basis of that judgment no order passed or any action taken under the said notification on or before the date of judgment, shall be called in question in any tribunal or court including the High Court if it has otherwise attained finality and/or it has been implemented. Obviously, present prosecution does not fall in any of these two categories. Thus, complaint in question deserves to be quashed on both the said grounds being abuse of process of court under Section 482 Cr.P.C.

6. For the foregoing discussion, petition is allowed and complaint in question pending against the petitoner bank before a Metropolitan Magistrate, Patiala House courts, is hereby quashed.