MANAGEMENT OF MYSORE STRUCTURALS LIMITED BANGALORE Vs. VICE PRESIDENT BANGALORE GENERAL LABOUR UNION BANGALORE

JUDGEMENT

(1.) THESE criminal petitions are filed under Section 482 of the cr. P. c. by the accused for quashing the proceedings in c. c. nos. 1023 to 1025 of 1990 on the file of the vii additional chief metropolitan magistrate, bangalore.

(2.) THE brief facts necessary for consideration are as follows. Petitioner 1-management dismissed the workmen by name Sri N. Sampangirama, N. Shama and N. Aswatha, from service on 2-8-1974, 12 8-1974 and 12-8-1974 respectively. They raised the dispute under the Industrial Disputes Act (hereinafter referred to as the 'act') before the labour court and by the awards, the labour court directed the accused management to reinstate the workmen with full back wages. The same was challenged before this court in W. P. nos. 18717 of 1980, 19806 of 1979 and 5459 of 1980 and this court by the order, dated 29-5-1989 dismissed the writ petitions thereby upholding the awards. Thereafter, the awards became final as they were not challenged any further. On 29-5-1989 the workmen gave representation to this court for implementation of the orders passed in writ petitions. As the same were not complied with contempt cases came to be filed against the management. This court while disposing of the contempt petitions reserved liberty to the workmen to file a complaint under Section 29 of the act. Accordingly, the complainants gave an application under Section 29 of the Act for prosecution before the labour commissioners. After issuance of show-cause notice, by the Order dated 1-3-1990, the labour commissioner issued authorisation in favour of the present respondent viz. , bangalore general labour union to file a complaint. As such the present complaints came to be filed.

(3.) AFTER receipt of the complaint on 29-5-1990 the trial court took cognizance and issued summons to the accused, which was challenged by the management before this court in W. P. nos. 25134 to 25136 of 1991 and the same came to be rejected in the year 1998. Writ appeal nos. 2479, 4332 and 4333 of 1998 filed by the management were also dismissed. Aggrieved by the same, the petitioners approached the hon'ble Supreme Court in s. l. p. nos. 3596 to 3598 of 1999 (civil appeal nos. 7388 to 7390 of 2001 ). The hon'ble Supreme Court also dismissed the appeals giving liberty to the petitioners to raise all the contentions, urged before the hon'ble Supreme Court, in their defence in the proceedings launched against them in consequence to grant of sanction under Section 34 of the act.