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These Criminal Original Petitions have been filed by the then Chairman and Managing Director of Bharath Heavy Electricals Limited, New Delhi, to quash the proceedings in STC.Nos.99 to 101 of 2012, on the file of the learned Judicial Magistrate-1, Tuticorin. An industrial accident took place on 11.01.2012 in the premises of Sterlite Industries, Tuticorin at about 02.00 p.m., a construction worker by name, Vijay Misra died on account of fall from a crane. This gave rise to filing of the aforesaid private complaints for violation of the various provisions of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

2.S.T.C.No.99 of 2012 has filed for the offence punishable under Sections 7(1)(2) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 r/w Rule 23(1) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006 and Section 62 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 r/w Rule 241(1)(a)(9) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006.

3.S.T.C.No.100 of 2012 has been filed for the offence punishable under Sections 39(1) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 r/w Rule 201(1)(a) and (b) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006 and Section 40 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 r/w Rule 5(1)(a), 51(d), 54, 42(5), 178 and 179 of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006.

4.S.T.C.No.101 of 2012 has been filed for the offence punishable under Sections 46 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 r/w Rule 239 and 26(3) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006.

5.It is not in dispute that Sterlite Industries India Limited entered into an agreement with BHEL for designing, erection and commissioning of PTG Package 2*80 MW power plant to be located in Sterlite premises. BHEL, in turn had engaged Vasavi Power Services Private Limited. Separate complaints were filed against the contractor in S.T.C.Nos.102 to 104 of 2012. It is seen that the said company wanted to plead guilty. But the same was not accepted by the Trial Magistrate. Therefore, the said contractor filed Crl.O.P.(MD)No.17470 to 17472 of 2012 before this Court and this Court disposed of the matter by directing the Trial Magistrate to record the plea of guilty through counsel.