ASOKE AIKAT Vs. STATE OF W B

JUDGEMENT

(1.) In the present application the petitioner has challenged Misc. Execution Case No. 16 of 2000 under Section 33-C of the Industrial Disputes Act, 1947 as amended by Section 18 of the Industrial Disputes (W.B. 2nd Amendment) Act, 1980 now pending in the court of learned Chief Judicial Magistrate, Burdwan.

(2.) In terms of Order No. 382-IR dated 28.2.2000 passed by the Assistant Secretary to the Government of W.B., the Deputy Labour Commissioner, Burdwan lodged a complaint with a prayer for initiating a proceeding for recovery of the amount of Rs. 6,65,809. 25 due to the workmen, before the learned Chief Judicial Magistrate, Burdwan which was registered as Misc. Execution Case No. 16/2000. On receipt of such complaint the learned Magistrate took cognizance of the offence and directed summons to be issued upon the petitioner fixing 2.6.2000 for further order and payment. On 2.6.2000 the matter was adjourned and thereafter by an order dated 12.7.2000 the learned Magistrate after receiving the service return of 'refusal' by the petitioner, issued warrant of arrest, which was challenged by the petitioner before the learned Sessions Judge, Burdwan, The concerned workmen also filed an application before the learned Sessions Judge for impleading them as parties to the revisional application which was pending before the Sessions Judge. Such petition was allowed and the workmen was directed to be added as parties to the said revisional application. Such order of the learned Sessions Judge was challenged before this court in C. R. R. 3065 of 2000, which was disposed of by this court on 8.1.2001 with a direction upon the learned Sessions Judge to dispose of the revisional application within a period of four weeks from the date of communication.

(3.) The revisional application was thereafter disposed of by the learned Sessions Judge on 13.2.2001 and the case was sent back to the learned Magistrate with a direction to proceed with the matter in accordance with law. Challenging such order dated 13.2.2001 this court was again moved in CRR-719 of 2001 which was disposed of by this court in 19.7.2001 directing the learned C. J. M., Burdwan to expedite the proceeding and to conclude the same with utmost expedition.