MADHAV RAMKRISHNA CHITNIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioners are the accused in the Criminal Complaint (ULP) No. 25 of 1993 filed under section 48 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour practices Act, 1971 (hereinafter referred to as the MRTU and PULP Act ).

(2.) THIS was preceded by a Complaint (ULP) No. 470 of 1993 under section 28 of the said MRTU and pulp Act against Petitioner No. 15 i. e. Original accused No. 15 of the impugned complaint. It may be noted here that in the said earlier complaint (PULP) No. 470 of 1993, only the said Petitioner no. 15 is joined as solitary accused. However, he has been so joined as Bharati Sahakari Bank Ltd. , and not in the manner joined in the subsequent complaint by its General Manager Shri Babanrao laxman Pokale. This distinction is to be borne in mind in relation to the rival submissions which are now being considered.

(3.) IN view of these two complaints filed one after another, for the sake of convenience, with reference to the earlier complaint, Petitioner No. 15 will have to be referred to in a manner separate than the reference to accused of the original complaint i. e. first complaint. Accordingly, wherever there is an action in relation to the present Petition, Petitioner No. 15 would be referred to as Petitioner No. 15 while with reference to the original complaint, it would be referred to as the Bank or as the Accused Bank.