VISWAMBARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in C. C. No. 273 of 1976 He was convicted by the learned Chief Judicial Magistrate, Quilon, under S.29 of the Industrial Disputes Act, 1947, and was sentenced to pay a fine of Rs. 200/-, in default of which he was to undergo simple imprisonment for two weeks. He was further directed to pay a sum of Rs. 2500/- to Pw. 2 in terms of the conciliation settlement. The 1st accused who is alleged to be the managing partner of Brothers Union Tile Works, Eravipuram, Quilon, was acquitted. The conviction and sentence were confirmed in appeal by the learned Sessions Judge.

(2.) The case for the prosecution is that the petitioner in his capacity as manager of the firm of which the 1st accused was alleged to be the managing partner, entered into a conciliation agreement with Pw. 3 who was the then District Labour Officer, Quilon Ext. P1 is the agreement, In accordance with the agreement a sum of Rs 2500/- is payable to Pw. 2 who is one of the workmen of the firm. This sum has not been paid either by the firm or by the petitioner who is a signatory to Ext PI.

(3.) S.29 of the Industrial Disputes Act, 1947, reads: