MANAGEMENT OF MYSORE STRUCTURALSLTD 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 appellant Nos. 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 judgment of the learned single Judge was subsequently confirmed by the Division Bench.

(3.) IT is true that the authorities while granting sanction for prosecution should take into account all material facts, which are relevant for the purpose of such decision. This Court in Feroze Din and others v. State of West Bengal, AIR 1960 SC 363, relying on an earlier decision in Gokulchand Dwarakadas v. King, 75 IA 30 : AIR 1948 PC 82, held as under :