APLAB LIMITED Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed to issue direction to respondent Nos. 1, 2 and 3, in particular, the Senior Police Inspector, Wagle Estate Police Station, Thane to take necessary action for enforcement of order passed by the Industrial Court, Thane dated 29.3.2012 passed in complaint (ULP) No. 72 of 2012. The relevant portion of the said order reads thus:

(2.) As regards the issuance of letter dated 30.4.2012, this act on the part of respondent No. 3, if we may say so, is a biased approach in favour of the striking workers. In the first place, he did not immediately act on the complaint made by the petitioner, which was for enforcing the order passed by the Industrial Court dated 29.3.2012. But, on the other hand, he had the audacity to issue letter to the petitioner to take corrective measures which was completely beyond the control of the petitioner. In such a situation, it is incomprehensible as to how notice could be issued to the petitioner by invoking powers under section 149 of the Code by respondent No. 3. On the other hand, respondent No. 3 ought to have proceeded on the basis of order passed by the Industrial Court dated 29.3.2012 and also registered FIR against the concerned persons for commission of a cognizable offence.

(3.) Counsel for respondent No. 4 brought to our notice the order passed by the Industrial Court on 16.4.2012 which, according to her, has modified the order dated 29.3.2012. The order dated 16.4.2012 reads thus: