P N S MANI Vs. S GOVINDAN

JUDGEMENT

(1.) The short question which arises for determination In this revision Is as to whether proceedings before the Labour Court are proceedings in a court so as to attract Section 195(1)(c) of the Criminal Procedure Code. The question arises this way. The Petitioner herein was employed under the Respondent as a sales-representative, for selling certain publications. Some disputes arose between them as regards the payment of commission and other amounts. Petitioner initiated proceedings in the Labour Court, Madras, in respect of those amounts Later he filed a complaint in the court of the VIIth Presidency Magistrate, Madras, against the Respondent, for an offence under Section 193 of the Indian Penal Code, stating that the earlier fabricated false evidence and made use of the same in the aforesaid proceedings. The respondent raised a preliminary objection to the effect, that the complaint was set sustainable, since it was hit by Section 195(1)(b) of the Criminal Procedure Code. Petitioner contended that the Labour Court is not a court and that at such there was no bar for his setting the law in motion. The learned Magistrate discharged the accused holding that the complaint is not maintainable, since it was hit by Section 195(1)(b) of the Criminal Procedure Code. The correctness of this order is now canvassed on this revision. Section 195(1)(b) of the Code of Criminal Procedure runs thus:

(2.) The awards passed by Industrial Tribunals or the Labour Courts are not judgments Under Section 17-A of the Act, if the Government feels that it is inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the Government may by notification la the Official Gezette, declare that the award shall not become enforceable an the expiry of the said period of thirty days. Government may also make an order rejecting or modifying an award. Their Lordships of the Supreme Court In Brajnandan Sinha v. Jyoti Narain, 1956 AIR(SC) 66at page 70, have said as follows:

(3.) Thus, Labour Courts are not courts for purposes of Section 195(1)(b) of the Criminal Procedure Code, and as such no complaint by that court is necessary In this case. The order passed by the learned Magistrate is set aside and the case C.C. No. 32732 of 1969 shall be disposed of in accordance with law by a Magistrate other than the 'Magistrate who has dealt with it. The Criminal Revision is allowed.