EMPEF DISTILLERIES LTD Vs. STATE

JUDGEMENT

(1.) The petitioner/accused has filed this petition under Section 482 of the Criminal Procedure Code to quash the proceedings in Crime No. 63 of 2002 launched by the respondent. The case in brief is as follows:

(2.) The learned magistrate had no jurisdiction whatsoever in view of the fact that the issue in question has to be agitated only by means of an industrial dispute and the jurisdiction of the civil Court or criminal Court to entertain a case of this kind is impliedly ousted. The issue relating to the non-employment of the employee without proving that the company has illegally terminated his service, is not entitled to claim any benefit. The nature of dispute raised by the employee is nothing but an industrial dispute and agitation should be only under the Industrial Disputes Act and as such, the proceedings are liable to be quashed.

(3.) Learned Government Advocate (criminal side) contended that there was non-employment for the de facto complainant. He was acquitted by the criminal Court for the offence under Section 381 of the Indian Penal Code and in spite of that, the terminal benefits payable to the employee have not been settled by the management and under the circumstances, the complaint given by the de facto complainant for the offences under Sections 406 and 420 of the Indian Penal Code is proper and correct and there is no reason to quash the proceedings. Heard learned counsel for the parties.