ASHWINBHAI G DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicant has prayed to quash the complaint lodged by the opponent No.2 herein being Criminal Application No.1 of 1999, before the Labour Court, at Amreli.

(2.) THE facts of the case stated briefly are that the respondent No.2 has lodged a complaint against the present applicant for the offences under Sections 106 and 107 of the Bombay Industrial Relations Act, 1946 (the Act) before the learned Labour Judge, Labour Court, Amreli, which came to be registered as Criminal Case No.1 of 1999. The allegations in the complaint are to the effect that the services of the complainant had been orally terminated on 11th August, 1994. According to the complainant, while terminating the services of the complainant, due procedure had not been followed. The seniority list had not been published or maintained. His juniors had been continued, whereas his services had been terminated and in his place, new persons had been appointed. That prior to termination of his services, notice, notice pay or retrenchment compensation had not been paid. The other allegations are to the effect that there is a breach of provisions of the Standing Order and that, there is unlawful change in the conditions of his service.

(3.) PURSUANT to the said complaint, the learned Judge, Labour Court, Amreli examined the complainant on oath and by order dated 21st July, 1999, directed issuance of summons against the present applicant. It is this complaint of which quashment is sought by way of the present application.