A DUTTA Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order made by a Presidency Magistrate, Calcutta, by which the Petitioner was convicted under Section 29 of the Industrial Disputes Act and sentenced to pay a fine of Rs. 200 in default to suffer simple imprisonment for two months.

(2.) Pursuant to a dispute between the employers of Rajasthan Insurance Co. Ltd. and their employees, an award was made on May 29, 1952, by the Industrial Tribunal, Calcutta, which was published in the Gazette of India on June 21, 1952. The award was in pursuance of a mutual settlement arrived at between the parties and it provided for payment of increased salary, dearness allowance at enhanced rate and for other amenities included in the award. There was failure on the part of the employers, that is to say, the Rajasthan Insurance Co. Ltd., to implement the terms of the award and the Petitioner was the manager and whose duty it was to implement them was prosecuted under Section 29 of the Industrial Disputes Act before a Presidency Magistrate, Calcutta.

(3.) The necessary sanction of the appropriate authority was obtained before the Institution of the complaint.