STATE OF GUJARAT Vs. JAY INDUSTRIES FIRM

JUDGEMENT

(1.) THE State has called into question the judgment and order dated 4th April 1997 of learned Chief Judicial Magistrate in Criminal Case No. 1350 of 1989. The original complaint was filed by the Government Labour officer against the respondent firm and its partner for the offence under Section 29 of the Industrial Disputes' Act, 1947. The accused persons were alleged to have not complied with award dated 23. 12. 1987 of Labour Court, Rajkot in Reference (LCR) No. 226 of 1984. The trial Court recorded acquittal of the accused persons mainly on the basis that the award of the Labour Court, which was alleged to have been not complied, was not produced before the Court.

(2.) DURING the course of hearing of the appeal, learned counsel, Mr. Gogia has appeared for the respondent and submitted that after the previous order dated 16. 9. 2009 herein, the original workman, in whose favour the award was made by the Labour Court, was contacted by the respondent and both the original parties to the adjudication before the Labour Court have amicably settled their dispute and the original workman has agreed to accept Rs. 25,000/- in full and final settlement of his claim against the present respondent. In such circumstances, the respondent proposed to plead guilty with the request that the amount deposited by them pursuant to the aforesaid order herein may be ordered to be paid to the original workman by way of fine in the criminal case and full and final settlement of his claim against the respondent, so as to end all the litigations related to the industrial adjudication before the Labour Court.

(3.) LEARNED APP, on instructions of Mr. V. K. Shah, successor in office of the original complainant, submitted that the respondent having pleaded guilty and accepted to pay fine as well as the amount by way of full and final settlement of the claim, the appeal may be allowed accordingly with appropriate order.