IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.12989 of 2010 DATE: 08.12.2011 Between: M/s.Rao & Reddy O.Jagannath Reddy …… Petitioner And The State of A.P, rep. by its Public Prosecutor, Hyderabad. …..Respondent HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.12989 of 2010 ORDER : The petitioner is accused of oﬀence under Section 23 of the Contract Labour (R & A) Act, 1971 for contravention of Section 12 of the Act and Rules 21, 74, 75, 76 and 78 of the Rules framed thereunder. It is contended by the senior counsel that the petitioner is a chartered accountant ﬁrm and entered into agreement with A.P.N.P.D.C.L, Nizamabad for doing spot billing work and that this Court in the order dated 13.04.2010 in W.P. Nos.28153 of 2008 and 14508 of 2009 came to the conclusion that the said work undertaken by the accused by entering into agreement with A.P.N.P.D.C.L does not make the petitioner a labour contractor. It is a question of fact whether the accused is undertaking the spot billing work entrusted to them by A.P.N.P.D.C.L. under the agreement and whether they are undertaking any other works with any other undertaking while carrying out their profession. It is for the petitioner to put forward this defence before the Magistrate and prove the same by ﬁling necessary agreement and also citing the above decision of this Court. Since disputed questions of fact as to the works undertaken by the accused arise in this case, I am of the opinion that it is a case for trial and not for quashing the complaint now. 2) Hence, the Criminal Petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J December 08, 2011 ksh