STATE OF GUJARAT Vs. NATHUBHAI MANILAL DESAI

JUDGEMENT

(1.) This is a reference made under sec. 438 of the Criminal Procedure Code by the learned Sessions Judge Mehsana in Criminal Revision Application No. 69 of 1969 filed by the State of Gujarat and one another against the opponent-accused recommending that the order passed by the learned Judicial Magistrate First Class Visnagar in Criminal Case No. 1311 of 1968 that he has no jurisdiction to try the offence punishable under sec. 27 of the Industrial Disputes Act 1947 (which will be hereinafter referred to as the Act) and the complaint be returned to the original complainant for presentation to a proper Court. This order is dated 30th September 1969

(2.) Being dissatisfied with that order the State of Gujarat and the Assistant Commissioner of Labour Ahmedabad filed the aforesaid revision petition in the Sessions Court at Mehsana.

(3.) The Assistant Commissioner of Labour filed a complaint against the opponent-accused for the offence punishable under sec. 27 of the Act in the Court of the Judicial Magistrate First Class Visnagar. The opponent-accused raised a preliminary objection that the trial Magistrate had no jurisdiction to hear such a complaint and try the accused for the offence in question. That argument was based on the ground that the word Court was defined in sec. 2(f) of the Act. The definition of Court given in clause (f) is:-