Criminal Complaint – Section 24 of the Contract Labour, 1970, against the Bank
The complainant – Labour Enforcement Officer Lucknow, had filed the criminal complaint against Union Bank of India on the allegations that during inspection on 20.9.2011, three breaches as described in para 3 of the judgment were found.
The Magistrate passed the order “Register” on 3.11.2012. The Bank filed section 482 Cr PC petition without waiting for cognizance and summons order.
The Bank contended that no offence was committed since wooden / electrical interior work run by service providers was not a “contract of service” but “contract for service”, work orders to independent Contractors who have engaged skilled workmen were given, as such the Act is not applicable and the Bank does not come in the ambit of the Act.
The Bank GM office was on 2nd floor of the building, whereas, other floors were in possession of Sahara India. No construction work was carried out in the Bank premises.
Moreover, the complaint was filed against the Chief Manager in his individual capacity as an accused and without making the Bank, with a mala fide intention to harass and humiliate him.
Summoning of an accused in a criminal case is a serious matter. Criminal Law cannot be set into motion as a matter of course. Therefore, the Order of issuance of process is not an empty formality but the Magistrate is required to apply mind.
Judgment dated 14.6.2024 of the Allahabad High Court in Application U/S 482 No.2759 of 2013 of the Union Bank of India through Chief Manager Vs. State of U.P. and another
