BALASUBRAMANIAM S Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners, who are accused in C. C. No. 10403 of 1995 on the file of the Second Metropolitan Magistrate, Egmore, Madras, have filed this petition under Section 482 Cr. P. C. to quash the said case.

(2.) THE petitioners herein arc the Directors of Addisoris Paints and Chemicals, Ltd. , Chcnnai. Addison Paints and Chemicals Ltd. , Assistants' Association represented by its Secretary have filed I. D. No. 83 of 1984 on the file of Industrial Tribunal and the parties have entered into a settlement under Section 12 (3) of the Industrial Disputes Act and on the basis of the settlement, the Industrial Tribunal passed an award on December 31, 1992 to pay dcarness allowance, house rent allowance and other reliefs for its employees. The award was published in Government Gazette of Tamil Nadu. The award was not carried out. The management has failed to carry out the award and therefore the Government of Tamil Nadu represented by Inspector of Labour, III Circle. Chcnnai 35. has filed a complaint under Section 200 Cr. P. C. before Second Metropolitan Magistrate, Egmore, Madras, and the learned Magistrate, has taken on file the complaint and issued summons for 'the appearance of the petitioners herein. The petitioners who are Directors of Addisons Paints and Chemicals Ltd. , have filed this petition to quash the said proceedings.

(3.) THE main contention of the petitioners herein is that if the management of Addisons Paints and Chemicals Ltd. , is liable to pay the amount, the company should have been added as an accused and without the company, the criminal case filed against the Directors of the company is not maintainable. In this regard, the petitioners had relied on Sections 29 and 32 of the Industrial Disputes Act. Section 29 of Industrial Disputes Act deals with penalty for breach of settlement or award, and Section 32 of Industrial Disputes Act is the relevant section, which is as follows: