STATE OF MADRAS Vs. C P SARATHY

JUDGEMENT

(1.) This is an appeal from an order of the High Court of Judicature at Madras quashing certain criminal proceedings instituted in the Court of the Third Presidency Magistrate, Madras against the first respondent who is the managing director of a cinema company carrying on business in Madras under the name of "Prabhat Talkies".

(2.) The proceeding arose out of a chargesheet filed by the police against the first respondent for an offence under S. 29, Industrial Disputes Act, 1947, (hereinafter referred to as the Act). The charge was that the first respondent failed to implement certain terms of an award dated 15-12-1947 made by the Industrial Tribunal, Madras, appointed under the Act and thereby committed a breach of those terms which were binding on him.

(3.) The first respondent raised a preliminary objection before the Magistrate that the latter had no jurisdiction to proceed with the enquiry because the award on which the prosecution was based was void and 'ultra vires' and void on the ground that the reference to the Industrial Tribunal which resulted in the award was not made by the Government in accordance with the requirements of S. 10 of the Act. As the Magistrate refused to deal with the objection as a preliminary point, the first respondent applied to the High Court under Art. 226 of the Constitution for a writ of 'certiorari' to quash the proceeding pending before the Magistrate. The application was heard in the first instance by a single Judge who referred the matter to a Division Bench in view of the important questions involved, and it was accordingly heard and decided by Govinda Menon and Basheer Ahmed Sayeed JJ. who upheld the objection and quashed the proceeding by their order dated 15-11-1950. From that order the State of Madras has preferred this appeal.