2019 Cri L J 3713 (Mad) ::2019 CRI. L. J. 3713 ::AIROnline 2019 Mad 733 ::(2019) 3 SCT 610

Madras High Court

Hon'ble Judge(s): G. K. Ilanthiraiyan , J

(A) Contract Labour (Regulation and Abolition) Act (37 of 1970) , S.23, S.12, S.2(1)(a), S.2(1)(c)— Complaint - Appropriate authority to file - Accused allegedly engaged 30 contract labourers without obtaining labour license - Accused being 'Contractor' within definition of S. 2(1)(c) of Act, appropriate Government would be State of Tamil Nadu - Complaint filed by Officer of Central Government would not be maintainable. (Para 7) (B) Criminal P.C. (2 of 1974) , S.482, S.197— Contract Labour (Regulation and Abolition) Act (37 of 1970) , S.12, S.23— Quashing of proceedings - Sanction for prosecution - Accused in discharge of his official duty allegedly engaged 30 contract labourers without obtaining labour license - Accused being public servant under State, sanction for prosecution is mandatory - In absence of such sanction, no Court shall take cognizance of offence - Proceedings liable to be quashed. (Para 9) .....