TOBU ENTERPRIES LIMITED Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the order dated 16 April 1991 of the Lt. Governor of the Union Territory of Delhi, authorising Shri Raj Kumar Gupta, President of Tobu Mazdoor Sangh (Regd.), under section 34 of the Industrial Disputes Act, 1947 (for short ' the I.D. Act') to file a criminal complaint for an offence under section 25-U of the I.D. Act against M/s. Tobu Enterprises Limited, its Managing Director and the General Manager, who are now the petitioners before us.

(2.) The only question which arises for consideration in this petition is if a private person could be so authorised under section 34 of the I.D. Act to file a complaint for an offence under section 25-U of the said Act.

(3.) We are not concerned with the facts of the case as such as any observation made by us may prejudice the case of either of the parties. We are only concerned with the legal proposition as afrorementioned.