LAWS(DLH)-2009-10-130

RAJNISH GOENKA Vs. RAJ KUMAR GUPTA

Decided On October 27, 2009
RAJNISH GOENKA Appellant
V/S
RAJ KUMAR GUPTA Respondents

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 482 cr. P. C. for quashing the summoning order in a complaint case filed against the petitioner by Raj Kumar Gupta, the respondent herein, under Section 25-T of the Industrial Disputes Act and the proceedings arising therefrom, which are now pending in the Court of MM, Delhi.

(2.) THE main ground which has been pressed in service by the petitioner is that on the same cause of action a complaint was also filed by the State which has been dismissed by the Court of Shri B. S. Chumbak, MM, Delhi vide detailed judgment dated 5th May, 2004.

(3.) I have examined the matter as also the allegations made in the complaint filed by the Inspecting Officer of Labour Commissioner, Govt. of nct of Delhi, who filed the said complaint after approval was granted by the Lt. Governor for filing of such a complaint against the Management of m/s Tobu Enterprises Ltd. and Mrs. Anita Kejriwal, the Managing Director, who is now represented by Rajnish Goenka, the present petitioner, after mrs. Anita Kejriwal being the widow was unable to run M/s Tobu enterprises Ltd.