MYSORE STRUCTURAL LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Judgment of the Division Bench of the Karnataka High Court is challenged in these appeals. The first appellant is a public limited company and appellants 2-5 are Directors thereof. The appellants challenged the order passed under Section 34 of the Industrial Disputes Act, 1947 (for short, "the Act") whereby the first respondent gave sanction for prosecuting the appellants for alleged violation of the provisions contained in the Act. By judgment dated 26-3-1998 the learned single Judge declined to interfere with the order and the judgment of the learned single Judge was subsequently confirmed by the Division Bench.

(3.) Relevant facts for the purpose of these appeals are thus. Services of three workmen, who were the employees of the first appellant-company were terminated by the appellant-company and those workmen raised an industrial dispute. An award was passed in favour of the workmen and the appellant-company was directed to reinstate them with continuity of service and full back-wages. The appellant-company challenged the award before the High Court of Karnataka by filing writ petition, which was later dismissed. The award passed by the Labour Court became final. The appellant-company, however, did not implement the award. Initially, the workmen filed an application for contempt of Court before the High Court. That application was rejected by the High Court with the observation that the remedy under Section 29 or Section 33-C of the A ct was available to the workmen. Thereupon, the second respondent-Workers Union sought sanction of the Government for prosecution of the appellants. The Labour Commissioner exercising power under Section 34 of the Act gave sanction to the Workers Union to launch proceedings against the management of the first appellant.