GENERAL MANAGER EMPEE DISTILLERIES LIMITED MEVALURKUPPAM Vs. STATE

JUDGEMENT

(1.) PETITIONER / accused has filed this petition under section 482 of Criminal Procedure Code to quash the proceedings in Crime No.63 of 2002 launched by the respondent.

(2.) THE case in brief is as follows:-

(3.) LEARNED counsel for the petitioner stated that even assuming that the defacto complainant is entitled to get any money, the quantum of amount has to be determined and there should be some material to show that the management had misappropriated the amount or committed criminal breach of trust. The only remedy available to the complainant is to proceed under the Industrial Dispute Act for deciding the quantum of amount. Simply because the criminal case ended in acquittal, there is no bar for initiation of disciplinary proceedings against their employee. Further more, it is stated that on and after the alleged criminal complaint relating to the occurrence on 21.12.1992 the employee has not reported for duty and even after the acquittal of the criminal case, he has not offered to serve the company and moreover, these things can be decided only under Industrial Dispute Act. He also relied upon section 2(k) of Industrial Dispute Act and by which any dispute or difference between the employee and employer or between workman and workmen connected with employment or non-employment or the terms of employment of with the conditions of service of any person has to be decided. Now, there is no material to show that the workman offered to serve in the company and he was not given employment. From the averments in the complaint, it is evidently clear that the nature of dispute raised by the employee is nothing but an industrial dispute and adjudication will be only under the relevant provisions of the said Act and the criminal complaint on the issue cannot be entertained by the Court.