EXECUTIVE ENGINEER AND KHEDA Vs. GOVERNMENT LABOUR OFFICER

JUDGEMENT

(1.) This SCA is on the board for final hearing since 16.6.1996. Though intimations are sent to the learned advocate for the petitioners and though the matter was being adjourned every day from 15.6.1996 till today learned advocate for the petitioners as well as the petitioners have not turned out. Learned advocates for the respondents are present. The petitioners have already obtained stay against the implementation of the award and said stay is in operation for nearby ten months. I therefore, proceed to consider this petition finally on merits.

(2.) Respondent No. 2 S.U. Solanki had raised an industrial dispute and on account of his raising the said industrial dispute, a reference was made to the Labour Court at Nadiad. Hearing Ref. (LCN) No. 262 of 1984. Said reference was decided by the Labour Court at Nadiad on 282.1991. As the said award passed by the Labour Court in the said Reference was not executed and implemented by the present petitioners, respondent No. 2 took up proceedings under Sec. 29 read with Sec. 17-A of the ID. Act before the appropriate authority i.e. respondent No. 1 . In the said proceedings under Sec. 29 of the I.D. Act, a notice was issued to the present petitioners and hence present petitioners have come before this Court by this petition and the petitioners seek quashing of the said proceedings under Secs. 29 and 17-A of the ID. Act and to set aside the notice issued against them in the said proceedings.

(3.) It is contended by the petitioners that the said proceedings under Sec. 29 is barred by the provisions of Sec. 468, CrPC in view of the fact that the award is dated 28.2. 1991 and therefore, the same deserves to be quashed and set aside.