IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Crl.MC.No. 623 of 2005() ------------------------ ST.425/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED 1 & 2: ----------------------------- 1. ANILKUMAR, DIVISIONAL ENGINEER (TELECOM) BSNL, TIRUR, NOW WORKING AS DEPUTY GENERAL MANAGER, BSNL, THIRUVANANTHAPURAM. 2. P.T. MATHEW, AREA MANAGER, BSNL, TIRUR, NOW WORKING AS GENERAL MANAGER, TELECOM, KANNUR. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL RESPONDENT(S): COMPLAINANT: --------------------------- 1. LABOUR ENFORCEMENT OFFICER (CENTRAL) 39/1329, KALATHIPARAMBIL ROAD, ERNAKULAM, KOCHI-16. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.623/2005 -2- APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : CERTIFIED COPY OF THE COMPLAINT IN ST No.4252/2001 OF JFCM COURT, TIRUR. ANNEXURE - II : TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL Nos.6009- 6010/2001 OF THE HON'BLE SUPREME COURT OF INDIA. ANNEXURE - III : TRUE COPY OF THE SENIORITY LIST OF PETITIONERS. ANNEXURE - IV : TRUE COPY OF THE JUDGMENT IN W.P (C) No.37374/2003 ANNEXURE - V : TRUE COPY OF THE OFFICE MEMORANDUM DATED 04-02-1994 OF THE MINISTRY OF DEFENCE, GOVERNMENT OF INDIA. ANNEXURE - VI : TRUE COPY OF OFFICE MEMORANDUM DATED 11-11-1994 OF THE MINISTRY OF INDUSTRIES, GOVERNMENT OF INDIA. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 623 OF 2005 ------------------------------------------------- DATED THIS THE 18th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. Petitioners filed this Crl.M.C to quash the proceedings in ST 4252/2001 on the file of Judicial First Class Magistrate, Tirur for commission of offence punishable under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970. The admitted fact is that prosecution was based on a Notification No.SO 779(E) dated 09-12-1976 which was quashed by the Apex Court by judgment dated 30-08-2001 in Civil Appeal Nos.6009- 6010/2001. Learned counsel for the petitioners fairly submits that prosecution is not maintainable in view of the decision of the Apex Court referred above. No useful purpose will be served by keeping the case pending. In that view of the matter, I hold that ST case 4252/2001 pending before the Judicial First Class Magistrate Court, Tirur be treated as closed. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge