SRIKANT D. MANKIKAR S/O LATE DATTATREYA MANAGER INDIAN, PLYWOOD MANUFACTURING CO. PVT. LTD., SRI. JAISINH VITHAL DAS, D/O VITTAL DAS KNJI AND SRI. HEMEN C. VISSANGI, S/O LATE CHANDRAHAS VISSANGI Vs. SRI. VIKRAM PHADKE, S/O N.G. PHADKE HONBLE SEC

JUDGEMENT

(1.) IN this petition filed under Section 482 Code of Criminal Procedure, the Petitioners have sought for quashing the proceedings on the file of the Additional Civil Judge (Jr. Dn.) & Addl. JMFC, Sagar, for the offence punishable under Section 25(u) of the Industrial Disputes Act, 1947. complaining non -implementation of the award dated 30.12.2002 passed by the Labour Court, Mangalore. The Respondent herein claiming to be Honorary Secretary of Talaguppa Plywood Karmika Sangha, after obtaining sanction from the Labour Commissioner, filed complaint before the jurisdictional Magistrate against the Petitioners herein for the offence punishable under Section 25(u) of the Industrial Disputes Act. The Petitioners -1 to 3 claims to be the functionaries of M/s. Talaguppa Plywood Product Pvt. Limited (for short 'M/s. TPPPL'), who are the successors of M/s. TPPPL. During the pendency of this petition, it appears the erstwhile employer namely, M/s. TPPPL has satisfied the award dated 30.12.2002 passed by the Labour Court, Bangalore, in Reference No. 37/2001. In this view of the matter, the joint memo signed by the learned Counsel appearing for the parties, wherein it is stated that M/s. 'IPPPL represented by its Managing Director has satisfied the award passed under Reference No. 37/2001 and the amount due under the award has been paid fully to the respective employees and therefore, the Respondent has no objection for quashing the proceedings initiated against the Petitioners, is placed on record.

(2.) AS the offence alleged against the Petitioners being a compoundable offence, in the light of the settlement reached between the parties, the petition is allowed. The proceedings initiated against the Petitioners in C.C. No. 370/2007 on the file of the Civil Judge (Jr. Dn.) and JMFC, Sagar, are hereby quashed.