ASISH JALAN Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to call for the records in Crime No. 819 of 2007, on the file of Inspector of Police, T-15, SRMC police Station, Porur, Chennai 600 116 and quash the same.

(2.) THE prosecution case is that the respondent police received a complaint from the defacto complainant and registered a Criminal case in Crime No. 819 of 2007 dated 06. 05. 2007 on an alleged offence under Sections 465, 468 r/w 471 and 420 of IPC.

(3.) THE ingredients of the complaint is that S and S Power Switch Gear Limited employees Union, former association office bearers prepared false documents and entered into an agreement with the management and as such cheated the employees of the company and Court. The said company suspended its operation without giving any prior information to employees. Regarding this dispute, the case came before the Industrial Tribunal in case number I. D. No. 4 of 2004 and C. P. No. 380 of 2003. The company had also sent representations to the Government and sought permission to close the company. That was rejected by the Government. Thereafter, it is further alleged that the company conducted meeting in a Star hotel for Union office bearers and Joint Commissioner, Labour Department. They had then come to a conclusion that the company will pay 55 days salary to the workers as compensation for loss of employment. Further, the company office bearers insisted on some employees to sign in the said compromise. On 20. 02. 2006, the employees of the company rejected the compromise formula. Further, the company announced that it will be dispersing compensation of 55 days salary by cheque. Only 3 employees received the said compensation. This happened in the presence of the respondent police.