L J LAWANKAR Vs. ANIL DEVIDAS GARAD

JUDGEMENT

(1.) By this application the applicants seek to quash the criminal proceedings before the Labour Court Akola.

(2.) Applicant No. 1 is the Divisional Controller of Maharashtra State Road transport Corporation Akola, applicant No. 2 is Chairman and Managing Director of M. S. R. T. C. Mumbai, applicant No. 3 is Regional Manager, Amravati and applicant No. 4 is the Mechanical Engineer, M. S. R. T. C. Divisional Workshop akola. Non-applicants are the employees working with Maharashtra State Road transport Corporation. It is alleged that on 3-4-2007 at about 3 P. M. the non-applicants went to the house of applicant No. 4 and forcibly entered into his house. They abused him in a filthy language and even assaulted him. He was forcibly brought in the Division Workshop of M. S. R. T. C. since one person had fallen down in the said workshop and had sustained injuries. Since the applicant no. 4 was assaulted he lodged a report with the police, upon which offence has been registered against the non-applicants. Non-applicants 1 to 3 are the members of unrecognised union. For administrative reasons the applicant No. 1 transferred the non-applicants 1 to 3 at different places in Akola district. The said order was issued on 4-4-2007. The non-applicants were relieved on 5-4-2007. These non-applicants refused to join their place of posting, instead they filed a complaint under section 28 being Complaint No. 41/2007 before the Industrial court. The complaint was filed on 21-4-2007. In the said complaint it was not disclosed by the non-applicants that they had already been relieved. Industrial court passed an order staying the transfer order. Notice was issued to the present applicants. They appeared before the Industrial Court and informed the Industrial court that the application is infructuous since the applicants have already been relieved and prayed for vacation of the stay. Instead of vacating the order and without hearing the applicants the Industrial Court extended the order of stay till 17-5-2007. It is contended by the applicants that since the non-applicants were already relieved there was no question of disobedience on their part. Ignoring this fact the nonoapplicants instituted a Criminal Complaint Case No. 15/07 before the Labour Court Akola. The complaint is filed under section 48 (1) of the maharashtra Recognition of Trade Unions And Prevention of Unfair Labour practices Act 1971 (hereinafter referred to as Act). The applicants contend that even though applicants No. 3 and 4 were not party to the original complaint under section 28 still they have been made accused in Criminal Complaint Case. It is further contended that the applicant No. 2 is an I. A. S. Officer and he could not be prosecuted without sanction from the Government as contemplated by section 197 of the Code of Criminal Procedure. It is contended that since there was no disobedience of the order the proceedings before the Court in Criminal case are liable to be quashed.

(3.) Non-applicants appeared and resist this application. Their main contention is that no process has been issued against the applicant. They have no locus to appear and challenge the order until process is issued. Applicants have actually disobeyed the order of the Industrial Court.