INTERNATIONAL TRIMMINGS AND LABELS INDIA PRIVATE LIMITED Vs. ADDTIONAL CHIEF SECRETARY TO DEPARTMENT OF LABOUR

JUDGEMENT

(1.) Whether Sec. 34*[Wrongly quoted as Sec. 31 in the impugned order] of the Industrial Disputes Act, 1947 ("Act, 1947") can be invoked to seek authorisation for prosecution, for an alleged violation of the provisions of the Act, 1947 even before adjudication of the underlying 'industrial dispute' arising out of such alleged violation?

(2.) If so, whether the appropriate Government can defer the consideration of such application under Sec. 34 of the Act, 1947, till the 'adjudication of the dispute' under Sec. 10 of the Act, 1947?

(3.) These two questions arise in this petition where the petitioner-Establishment seeks to quash the order dtd. 7/12/2020 passed under Sec. 34 of the Act, 1947 granting authorisation to prosecute the petitioner, for alleged violation of Sec. 25M of the Act, 1947.