(1.) THE above Criminal Original Petition No.11391 of 2007 has been filed by the petitioners/Accused No.1,2 and 4 to call for the records and quash the Proceedings in C.C.No,97 of 2006 on the file of the learned Chief Judicial Magistrate at Thiruvellore.
(2.) THE Respondent/Complainant has filed the complaint in C.C.No,97 of 2006 before the Chief Judicial Magistrate, Thiruvellore, stating that the accused have failed to pay the money to the workers within 13.04.1998 as per the 12(3) Settlement dated 02.03.1998, before the Deputy Commissioner of Labour, Chennai-6. By non-implementation of the said Settlement, the accused had committed an offence punishable under Section 29 of the Industrial Disputes Act, 1947. Hence, the Government of Tamil Nadu have accorded sanction to prosecute the above accused and authorised the complainant to make the complaint before the said Government. Accordingly, the complainant initiated proceedings against the accused persons and the same has been taken by the learned Magistrate on his file on C.C.No. 97 of 2006.
(3.) THE petitioner contended that the company by name Adithya Leather Exports Limited was having its business at three places namely Industrial Estate, Ambattur, Vadapalani and Arumbakkam. THE 1st petitioner was managing the affairs of the company and other petitioners are Directors of the company. Due to financial problems, the company was closed on 27.05.1996. So, the Directors resigned from the Board of Directors and the company had filed Form-32 with the Registrar of Companies with effect from 30.04.1998. In the meantime, the employees numbering 432 arrived at a settlement with the management on 02.03.1998. THE Company could not comply with the said settlement within the stipulated period as per agreement. On 12.06.1998, the Deputy Commissioner of Labour issued notice demanding the settlement dues to the workers. Subsequently, the Labour Department initiated the prosecution case with the permission of the Government. THE Directors, who had resigned, moved a writ petition before this Honourable Court, seeking a quashment of the Government Notification dated 24.05.1999.