IRCON INTERNATIONAL LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 340 of the Criminal Procedure Code filed by the petitioner/management of M/s Ircon International Limited against its employee, respondent No.5, Shri V.K. Talwar, on the basis of what are averred to be false averments made in this Court in the application under Section 17 B of the Industrial Disputes Act i.e. CM 8057/2000 supported by an affidavit. The sum and substance of the petitioner's case is that in order to buttress his claim under Section 17 B of the Act, the respondent No.5 had averred that he was out of employment since 1983 and to counter a plea raised by the petitioner in CM 11121/2000, the respondent also averred that he had secured a passport only in 1998 and had been present in India without any interruption ever since 1983 till September 2000. The petitioner's case was that the said claim was false was evident inter alia from the fact that the respondent No.5 had been in possession of a passport much prior to 1998 and the VISA endorsement showed that he was given transfer of residence permit by paying Rs.1,58,000.00 which is only possible if a stay abroad was for more than 2 years and above.

(2.) The sum and substance of the averments in the present application under Section 340 of the Criminal Procedure Code is as under:

(3.) It is thus stated by the respondent No.5 in his application CM 8057/2000 under Section 17B, filed in this Court that he was not gainfully employed since 7th December 1983 till the date of the filing of the application under Section 17 B of the Act on 14th September 2000.