IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13751 of 2000
DULA TUDDU
Versus
THE UNION OF INDIA
For the petitioner: None
For Union of India: Shri Binay Kumar Pandey,CGC
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5. 2.7.2010 None appears. I have heard Shri Binay Kumar
Pandey, learned counsel for the Union of India.
The allegation is that the statutory half yearly
return was required to be filed under the relevant Rules, i.e.,
Contract Labour( Regulation and Abolition) Act, 1970 and the
Central Rules under that Act of the year 1971 and that having
not been filed by the accused, the accused had committed the
offence under Section 82 of the said Act and the Rules framed
thereunder. Prosecution was properly sanctioned by the
authority appointed in that behalf.
The ground which has been taken in the present
petition is that the complaint petition is frivolous.
It is too early to say without anything being
available to the court that the prosecution could be frivolous as
the authority who filed the complaint, appears a responsible
person and he had simply wanted compliance of the statutory
provision of filing the half yearly return and has, accordingly,
filed the complaint petition on its non-compliance.
The petition appears of no merit and the same is
dismissed.
The stay granted earlier is vacated.
Kanth ( Dharnidhar Jha, J.)