Case Note & Summary
The petitioner, Chief Manager of Federal Bank Ltd., filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of Criminal Case No.18/L/12/C pending before the Judicial Magistrate First Class, Vasco-da-Gama, and the summons dated 14/05/2012 issued therein. The case arose from a private complaint filed by respondent no.2, the Labour Enforcement Officer (Central), Vasco-da-Gama, on 30/04/2012, alleging violations under Section 26 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The complaint alleged that on inspection dated 01/02/2012, the petitioner had employed 23 inter-state migrant workmen on 28/12/2011 without obtaining registration under Section 4(1) of the Act, and had failed to display notices regarding wages, hours of work, etc., in English, Hindi, and the language understood by the majority of workers. The petitioner contended that the complaint was not maintainable as it was filed without the prior sanction of the appropriate government as required under Section 26(1) of the Act. The court examined Section 26(1), which provides that no court shall take cognizance of any offence punishable under the Act except upon a complaint made by, or with the previous sanction in writing of, the appropriate government or an officer authorized by it. The court noted that the complaint was filed by the Labour Enforcement Officer, who is an Inspector under the Act, but there was no material on record to show that the appropriate government had granted previous sanction in writing for the prosecution. The court held that the requirement of sanction under Section 26(1) is mandatory and its absence renders the complaint and the entire proceedings invalid. Accordingly, the court allowed the petition, quashed the complaint and the summons, and discharged the petitioner.
Headnote
A) Criminal Procedure - Quashing of Complaint - Lack of Sanction - Section 26(1) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Complaint filed by Labour Enforcement Officer under Section 26 of the Act without prior sanction of the appropriate government is not maintainable - The court held that the requirement of sanction under Section 26(1) is mandatory and its absence vitiates the prosecution - Petition allowed, complaint and summons quashed (Paras 2-6).
Issue of Consideration
Whether a complaint filed by a Labour Enforcement Officer (Inspector) under Section 26 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, without the prior sanction of the appropriate government, is maintainable.
Final Decision
The petition is allowed. The complaint bearing Criminal Case No.18/L/12/C pending before the Judicial Magistrate, First Class, Vasco-da-Gama and the summons dated 14/05/2012 issued therein are quashed. The petitioner is discharged.
Law Points
- Sanction under Section 26(1) of the Inter-State Migrant Workmen Act is mandatory for prosecution
- complaint filed by Inspector without sanction is not maintainable
- quashing of criminal proceedings for lack of sanction
