JEROME GONSALVES S J Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present revision application has been filed by the original accused challenging his conviction for the offence punishable under Section 48 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "MRTU and PULP Act" for the sake of brevity), by learned Labour Court, Ahmednagar, in Criminal Complaint ULP No.20 of 2018 dated 24-09-2015, which thereafter confirmed in appeal by learned Member, Industrial Court, Ahmednagar, in Appeal Criminal (ULP) No.04 of 2015 dated 08-11-2019.

(2.) Before considering the submissions, brief facts are required to be placed which are admitted : -

(3.) With the above said background, further facts are that in the meantime, the present respondent No.2 filed Criminal Complaint ULP No.20 of 2008 under Section 48 (1) of the MRTU and PULP Act contending that the said order that was passed in complaint ULP No.50 of 1996 on 02-01-2008 is not implemented and, therefore, there is contempt. After recording plea of the present revision applicant wherein he pleaded not guilty, trial has been conducted. The complainant has examined himself. Thereafter, statement of the accused under Section 313 of Code of Criminal Procedure has been recorded. The accused has examined defence witness D.W.1 Rajendra Francis Pandit to prove his innocence. After considering the evidence on record, the learned Labour Court has convicted the accused for the contempt of Labour Court punishable under Section 48 (1) of the MRTU and PULP Act, 1971, and sentenced him to suffer simple imprisonment for one month. The said conviction is challenged in the aforesaid Appeal (Criminal) ULP No.04 of 2015 which came to be dismissed on 08-11-2019. Hence, this revision.