Case Note & Summary
The case involved a criminal petition filed by a company against a complaint lodged by the Labour Inspector under the Contract Labour (Regulation and Abolition) Act, 1970. The petitioner sought to quash the complaint and the order taking cognizance of the offence, arguing that the complaint was filed beyond the statutory limitation period. The Labour Inspector had conducted an inspection on 14.11.2022, during which various violations were noted. Following the inspection, a show-cause notice was issued on 23.11.2022, but the complaint was ultimately filed on 28.02.2023. The petitioner contended that the limitation period should be calculated from the date of inspection, not from the date of the show-cause notice. The respondent argued that the time granted to reply to the show-cause notice should be considered reasonable and within the limitation period. The court analyzed Section 27 of the Act, which stipulates that no cognizance can be taken unless the complaint is made within three months from when the offence came to the knowledge of the inspector. The court concluded that the limitation period commenced on 14.11.2022, and since the complaint was filed beyond this period without a written order from the inspector, the complaint was quashed. The court allowed the petition and quashed all proceedings against the petitioner in the case.
Headnote
A) Labour Law - Limitation of Prosecutions - Commencement of Limitation Period - Contract Labour (Regulation and Abolition) Act, 1970, Section 27 - The limitation period for filing a complaint under the Act commences from the date the alleged violation comes to the knowledge of the inspector, which in this case was 14.11.2022. The complaint filed on 28.02.2023 was beyond the three-month period, and since there was no written order issued by the inspector, the complaint was barred by limitation. Held that the complaint was quashed (Paras 1-19).
Issue of Consideration
From what date the limitation period under Section 27 of the Contract Labour (Regulation and Abolition) Act, 1970 is required to be calculated?
Final Decision
The court allowed the criminal petition, quashed the complaint dated 28.02.2023, the order dated 28.02.2023, and the entire proceedings in C.C No. 767 of 2023 against the petitioner.
Law Points
- Limitation of prosecutions
- Cognizance of offences
- Show-cause notice
- Written order requirement
- Contract Labour Act interpretation
