MANAGEMENT OF PEERLESS GENERAL Vs. JUGAL KISHORE RATH

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed for quashing criminal proceeding in 2(c) C.C. No. 126 of 1996 pending in the Court of the learned S.D.J.M. (Sadar), Cuttack as well as the order taking cognizance dated 30.4.96 for the offence under Section 29 of the Industrial Disputes Act, 1947.

(2.) FACTS giving rise to the case are that one Priya Ranjan Mishra working as a Sub staff in the Cuttack Branch Office of M/s. Peerless General Finance and Investment Company Ltd. (petitioner) was terminated from service with effect from 1.12.81 and dispute with regard to termination was referred to Industrial Tribunal Orissa for adjudication vide Industrial Dispute Case No. 46 of 1983. In the said Industrial Dispute case the award was passed on 30.5.1988 holding the termination to be illegal and unjustified and the Tribunal in the said award directed the following :

(3.) IN the light of the argument advanced and the decisions cited I proceed to examine the case. Section 17 A of the Industrial Disputes Act (hereinafter called as 'the Act'( prescribes time when the award commences. Said provision prescribes that an award shall become enforceable on the expiry of thirty days from the date of its publication under Section 17. Section 19 of the Act prescribes the period of operation of the award. It is provided in the said Section that an award shall, subject to provisions of this Section, remain in operation for a period of one year from the date on which the award becomes enforceable under Section 17 A, subject to the provisos as mentioned in Sub section (3) of Section 19. In the proviso also it is prescribed that appropriate Govt. may reduce the said period and fix such period as it thinks fit and may before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time and the total period of operation of any award shall not exceed three years. Section 17 Aread with Section 19(3) would indicate that the award which becomes enforceable on the expiry of 30 days from the date of its publication' in terms of Section 17 shall remain in operation for a period of one year. It is open for the appropriate Government to extend the period of operation not exceeding one year at a time subject to maximum period of three years, Sub section (5) of Section 19 prescribes that nothing contained in Sub section (3) shall apply to any award which by its nature, terms or other circumstances does not impose, after it has been given effect to, any continuing obligation on the parties bound by the award. Sub section (6) of Section 19 prescribes that notwithstanding the expiry of the period of operation under Sub section (3), the award shall continue to be binding on the parties until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.