1 2025:CGHC:15253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 141 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, P.S. Mandir Hasaud, Naya Raipur Chhattisgarh. (Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1 Herein As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department), District : Raipur, Chhattisgarh 2. The Factory Inspector, Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Petitioner(s) versus 1. Shri Jaideo Nanda Accused General Manager (I/c) Ntpc Ltd. Sipat Super Thermal Power Project, P.O. Post Office Ujjawal Nagar, Bilaspur, District Bilaspur Chhattisgarh. Pin 495555, Chhattisgarh 2. Shri R. Selveson Factor Manager, N.T.P.C. Limited, Sipat Super Thermal Power Project, Post Office Ujjawal Nagar, Bilaspur, District Bilaspur Chhattisgarh. Pin 495555., District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 145 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan Naya Mantralaya, Naya Raipur P. S. Mandir Hasaud, Naya Raipur, Chhattisgarh. (Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1 Here In As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department.), District : Raipur, Chhattisgarh 2. The Factory Inspector, Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District Bilaspur, Chhattisgarh. ---Petitioner(s) Versus 1. Shri B. Pradhan Executive Director (Sipat), N. T. P. C. Limited, Sipat Super SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.04.03 15:02:33 +0530 2 Thermal Power Project, Post Office Ujjawal Nagar, Bilaspur, Chhattisgarh. Pin 495555, District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 147 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department Mahanadi Bhawan Naya Mantralaya, Naya Raipur Police Station Mandir Hasaud, Naya Raipur Chhattisgarh. ( Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Imp Leaded As Petitioner No. 1 Herein As It Is Necessary To Implead The State Government Through The Secretary Of Concerned Department ) 2. The Factory Inspector , Office Of The Industrial Health And Safety , Old High Court Road In Front Of Main Branch Of Sate Bank Of India Bilaspur District Bilaspur Chhattisgarh. ---Petitioner(s) Versus 1. Shri Jaideo Nanda General Manager ( I/c) Ntpc Ltd, Sipat Super Thermal Power Project, P. O. Post Office Ujjawal Nagar Bilaspur District Bilaspur Chhattisgarh. Pin 495555 2. Shri R. Selveson Factory Manager, N T P C Limited Sipat Super Thermal Power Project Post Office Ujjawal Nagar Bilaspur District Bilaspur Chhattisgarh. Pin 49555, District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 148 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan Naya Mantralaya, Naya Raipur P. S. Mandir Hasaud, Naya Raipur, Chhattisgarh. (Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1 Here In As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department.), District : Raipur, Chhattisgarh 2. The Factory Inspector Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District Bilaspur, Chhattisgarh. ---Petitioner(s) Versus 1. Shri Jaideo Nanda Accused General Manager (In Charge), R/o N. T. P. C. Limited Sipat Super Thermal Power Project Post Office Ujjawal Nagar, Bilaspur, District Bilaspur, Chhattisgarh. Pin 495555, District : Bilaspur, Chhattisgarh 2. Shri R. Selveson, Factory Manager, A. G. M. (O And M), R/o N. T. P. C. Limited Sipat Super Thermal Power Project Post Office Ujjawal Nagar, Bilaspur, District Bilaspur, Chhattisgarh. Pin 495555, District : Bilaspur, Chhattisgarh --- Respondent(s) 3 WPL No. 146 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur. P.S. Mandir Hasaud, Naya Raipur Chhattisgarh. (Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1 Herein As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department.), District : Raipur, Chhattisgarh 2. The Factory Inspector, Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District Bilaspur Chhattisgarh. ---Petitioner(s) Versus  Shri Jaideo Nanda General Manager (Incharge) Ntpc Ltd.Sipat Super Thermal Power Project, P.O. Post Office Ujjawal Nagar, Bilaspur, District Bilaspur Chhattisgarh. Pin 495555., District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 144 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur. P.S. Mandir Hasaud, Naya Raipur Chhattisgarh. (Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1 Herein As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department.), District : Raipur, Chhattisgarh 2. The Factory Inspector, Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District Bilaspur Chhattisgarh. ---Petitioner(s) Versus 1. Shri Jaideo Nanda Accused General Manager (I/c) Ntpc Ltd.Sipat Super Thermal Power Project, P.O. Post Office Ujjawal Nagar, Bilaspur, District Bilaspur Chhattisgarh. Pin 495555., District : Bilaspur, Chhattisgarh 2. Shri R. Selveson, Factory, Manager, A.G.M. N.T.P.C. Limited Sipat Super Thermal Power Project, Post Office Ujjawal Nagar, Bilaspur District Bilaspur Chhattisgarh. Pin 495555., District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 157 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, P. S. Mandir Hasaud, Naya Raipur, Chhattisgarh. (Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1, Here In As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department.), District : Raipur, Chhattisgarh 4 2. The Factory Inspector, Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District Bilaspur, Chhattisgarh. ---Petitioner(s) Versus  Shri B. Pradhan Executive Director (Sipat), N. T. P. C. Limited, Sipat Super Thermal Power Project, Post Office Ujjawal Nagar, Bilaspur, District Bilaspur, Chhattisgarh Pin 495555, District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 149 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department Mahanadi Bhawan Naya Mantralaya, Naya Raipur Police Station Mandir Hasaud, Naya Raipur Chhattisgarh. ( Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Imp Leaded As Petitioner No. 1 Herein As It Is Necessary To Implead The State Government Through The Secretary Of Concerned Department ), District : Raipur, Chhattisgarh 2. The Fectory Inspector , Office Of The Industrial Health And Safety , Old High Court Road In Front Of Main Branch Of Sate Bank Of India Bilaspur District Bilaspur Chhattisgarh. ---Petitioner(s) Versus  Shri Jaideo Nanda General Manager ( In - Charge ) Ntpc Ltd, Sipat Super Thermal Power Project, P. O. Post Office Ujjawal Nagar Bilaspur District Bilaspur Chhattisgarh. Pin 495555, District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 152 of 2018 1. State Of Chhattigarh Through- Secretary, Labour Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, Police Station Mandir Hasaud, Naya Raipur, Chhattisgarh, (Petitioner No.1 Was Not A Party Before The Learned Labour Court, But Has Been Imp Leaded As Petitioner No.1 Herein As It Is Necessary To Impaled The State Govt. Through The Secretary Of Concerned Department.), District : Raipur, Chhattisgarh 2. The Factory Inspector Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District- Bilaspur, Chhattisgarh. ---Petitioner(s) Versus 1. Shri Jaideo Nanda Executive Director (Sipat) Ntpc Ltd. Sipat Super Thermal Power Project, Police Station Post Office Ujjawal Nagar, Bilaspur District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2. Shri K.S. Rao N.T.P.C. Limited, Sipat Super Thermal Power Project, Post 5 Office Ujjawal Nagar, Bilaspur District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 142 of 2018 1. State Of Chhattisgarh Through- Secretary, Labour Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, Police Station Mandir Hasaud, Naya Raipur, Chhattisgarh. (Petitiner No.1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No.1 Herein As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department), District : Raipur, Chhattisgarh 2. The Factory Inspector Office Of The Industiral Health And Safety, Old High Court Road In Front Of Main Branch Of State Bank Of India Bilaspur, District- Bilaspur, Chhattisgar. ---Petitioner(s) Versus 1. Shri Jaideo Nanda Accused General Manager (I/c) Ntpc Ltd. Sipat Super Thermal Power Project, Post Office Ujjawal Nagar, Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2. Shri R. Selveson A.G.M. (O And M), N.T.P.C. Limited, Sipat Super Thermal Power Project, Post Office Ujjawal Nagar, Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondent(s) WPL No. 151 of 2018 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, P.S. Mandir Hasaud, Naya Raipur Chhattisgarh. (Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1 Herein As It Is Necessary To Implead The State Govt. Through The Secretary Of Concerned Department.), District : Raipur, Chhattisgarh 2. The Factory Inspector, Office Of The Industrial Health And Safety, Old High Court Road, In Front Of Main Branch Of State Bank Of India Bilaspur, District Bilaspur Chhattisgarh. ---Petitioner(s) Versus  Shri Jaideo Nanda General Manager (In - Charge), N.T.P.C. Limited, Sipat Super Thermal Power Project, Post Office Ujjawal Nagar, Bilaspur, District Bilaspur Chhattisgarh. Pin 495555., District : Bilaspur, Chhattisgarh --- Respondent(s) (Cause Title is taken from Case Information System) For Petitioner(s)/State : Mr. R. S. Marhas, Addl. Advocate General For Respondent(s) : Dr. N.K. Shukla, Senior Advocate along with Mr. Anuroop Panda, Advocate 6 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01. 04.2025 1. The above captioned Writ Petitions involve common questions of law and facts therefore both were heard together and are being disposed of by this common order. 2. The petitioner(s) have filed these petitions against the order dated 28/04/2017 (Annexure P/1) passed by learned Appellate Authority i.e. Chhattisgarh State Industrial Court, Bench at Bilaspur resulting dismissal of order dated 31/03/2015 passed by learned Judicial Magistrate First Class, Labour Court, Bilaspur to the extent that the sanction under Section 197 of the Cr.P.C. for prosecution against the respondent is not at all required. 3. The factual matrix of the case, are that, the respondent is General Manager / In-charge of the Factory, namely, Sipat Super Thermal Power Project, N.T.P.C. Bilaspur to look after the entire affairs of the said Factory. A complaint under Section 105 of the Factories Act, 1948 (hereinafter referred to as ‘Act of 1948’) was filed by the Factory Inspector, Chhattisgarh and Assistant Director, Industrial Health & Safety, Bilaspur stating that the occupier and factory manager have contravened the provisions of Section 7-A(2)(d) of the Act of 1948 as in the factory premises, safety measurements have been provided to the workers working in the said factory and in absence of safety measurements, the accident was occurred and after show-cause notice, a complaint was made by the Factory Inspector, Chhattisgarh and Assistant Director, Industrial Health & Safety before the learned trial Court. The learned Judicial Magistrate First Class (Labour Court), Bilaspur registered the case, and the same is given below :- 7 Case No. Date of Accident Name of deceased/Inj ured Case No. before Labour Court Cr. Case before C.G. State Industrial Court WPL/ 141/2018 14.11.2008 Rameshwari Bai (Injured) 49/FA/2009 12/CGIR Act/IV/2016 WPL/ 142/2018 23.12.2008 Ashok Rathor (Insury over his right eyes) 101/FA/2009 11/CGIR Act/IV/2016 WPL/ 144/2018 21.07.2009 Mohit Yadav (died) 602/FA/2009 17/CGIR Act/IV/2016 WPL/ 145/2018 07.01.2008 Amarmindar Singh(Injury) 294/FA/2008 08/CGIR Act/IV/2016 WPL/ 146/2018 03.07.2008 Jai Prakash Ratre (died) Sunil Kumar Ratre (Injured) 816/FA/08 07/CGIR Act/IV/2016 WPL/ 147/2018 07.04.2009 Fekuram (died) 158/FA/2009 10/CGIR Act/IV/2016 WPL/ 148/2018 31.12.2008 Sohan Lal (died) 157/FA/2009 15/CGIRAct/IV/2016 WPL/ 149/2018 09.02.2009 Mohd. Kalim (died) 121/FA/2009 06/CGIR Act/IV/2016 WPL/ 151/2018 03.07.2009 Kamlesh Singh (died) 606/FA/2009 03/CGIR Act/IV/2016 WPL/ 152/2018 10.02.2011 Niyabul Khan (died) 136/FA/2011 09/CGIR Act/IV/2016 WPL/ 157/2018 08.12.2007 Shrawan Singh (Injured) 293/FA/2008 04/CGIR Act/IV/2016 4. An order was passed on 31.03.2015 recording a finding that accused / respondent has been deputed by the Central Government as Factory Manager, as such, they falls within the purview of public servant, and therefore, as per the provisions contained in Section 197 of the Cr.P.C, permission is madatorily required for prosecution against a public servant. As such, the complaint preferred by the petitioners/State has been 8 rejected. 5. Being aggrieved by the order passed by the learned Judicial Magistrate First Class (Labour Court), Bilaspur, the petitioners have preferred an appeal under Section 65(1)(C) of the Chhattisgarh Industrial Relations Act, 1960 before the State Industrial Court, Bench Bilaspur for contravening the provisions enumerated under Section 7-A(2)(d) of the Act of 1948 on the ground that the trial Court has committed illegality in dismissing the appeal whereas no permission under Section 197 of Cr.P.C. is required. On 28.04.2017, learned State Industrial Court had also dismissed the appeal preferred by the petitioners upholding the order of the Judicial Magistrate First Class (Labour Court), Bilaspur. 6. Learned counsel for the petitioners/State submits that sanction as contemplated under Section 197 of the Cr.P.C. must be restricted only in respect of a Judge, Magistrate or a Public Servant, who is directly employed by the Government and not by any instrumentalities or agency of the Government. He would further submit that , NTPC is a public sector undertaking, hence permission for prosecution under Section 197 of the Cr.P.C. against the respondent is not at all required. He further submits that as per provisions contained in Section 7(5) of the Act of 1948, the person who is discharging duties as Manager should be treated to be Manager. It has been contended by him that the trial Court as well as Industrial Court have committed grave error in dismissing the complaint and appeal without appreciating the material facts and as such, this writ petition may be allowed. 7. On the other hand, Dr. N.K. Shukla, Senior Advocate appearing for respondent(s) would submit that the issue involved in the present batch of petition is no more res-integra. He would further submit that the Ho’ble 9 Division Bench in WPCR No. 79 of 2019 has already dismissed the writ petition filed by the State against the very order. He would also submit that sanction contemplated under Section 197 of CrPC was required for prosecution of occupier of the factory. 8. I have heard learned counsel appearing for the parties and perused the order passed by the Hon’ble Division Bench in WPCR No. 79 of 2019. 9. It appears that the issue involved in the present cases has already been settled by the Hon’ble Division Bench and the writ petition preferred by the State was dismissed vide order dated 05.05.2023. 10. Taking into consideration the observation made by the Hon’ble Division Bench and issue involved in these batch of petitions, no case is made out for interference. Accordingly these petitions fail and are hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge $iddhant