JUDGMENT
R.C. Chopra, J.
1. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “the Code” only) was filed with a prayer to quash the complaint and the summons issued thereon by the Court of learned Metropolitan Magistrate under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act of 1970 for contravention of the notification No. S6/779(E) dated 9th December, 1976 issued under Section 10(1) of the Act.
2. Learned Counsel for the petitioners has relied upon the judgment of the Apex Court in “Steel Authority of India Ltd. v. National Union Water Front Workers and Ors.” reported in VI (2001) SLT 225= by which the aforesaid notification dated 9.12.1976 was quashed. It is argued that since the notification stands quashed the complaint against the petitioners for contravention thereof cannot be proceeded with.
3. Learned Counsel for the respondents, however, has submitted that a reading of paras 52 and 122 of the said judgment clearly shows that the said notification was quashed prospectively and it was observed that the quashing was being done from the date of the judgment and subject to the clarification that on the basis of this judgment, no order passed or action taken giving effect to the said notification shall be called in question in any Tribunal or Court including a High Court, if it has otherwise attained finality and/or it has been implemented.
4. Learned Counsel for the petitioners relying upon two judgments of this Court in “State Bank of India v. State, through Labour Enforcement Officer” and “K.S. Sethi and Ors. v. State and Anr.” submits that since the criminal proceedings instituted against the petitioners have not yet attained finality the continuation thereof would be an abuse of process of Court in view of the quashment of the notification.
5. After considering the submissions made by learned Counsels for the parties, this Court is of the considered view that although in the case of “Steel Authority of India Ltd. v National Union Water Front Workers and Ors.”(supra), the notification dated 9.12.1976 has been quashed prospectively but still the Apex Court has clarified that only those orders or actions taken under the said notification shall stand protected which have attained finality and/or have not been implemented. The prosecution of the petitioners is still at initial stage and pending before the Trial Court. It has not yet attained finality and as such, it would be an abuse of the process of law if the petitioners are made to face criminal trial and are convicted on the basis of notification dated 9.12.1976 which has been quashed by the Apex Court holding that this notification was on account of non-application of mind.
6. In exercise of powers under Section 482 of the Code, the complaint pending against the petitioners in the Court of learned Metropolitan Magistrate under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act of 1970 for violation of the notification dated 9.12.1976 is quashed.
The petition stands disposed of.