SECRETARY BERHAMPUR SUB Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Birendra Kumar Nayak, learned counsel for the petitioner and Mr. Prem Kumar Patnaik learned counsel for the State.

(2.) This application under section 482 of Cr.P.C. has been filed by the Secretary, Berhampur Sub-Divisional House Building Corporative Society Ltd. challenging the impugned order dated 30.09.2004 passed in 2(C) C.C. No.144 of 2004 pending in the Court of learned S.D.J.M, Berhampur in taking cognizance of the offences under sections 29 and 25-U of the Industrial Disputes Act, 1947 and issuance of process against the petitioner. Subsequently, the petitioner entered appearance in the said case through his advocate and filed a petition before the learned S.D.J.M., Berhampur to drop the case with an alternative prayer to stay the further proceeding of the case till disposal of the W.P.(C) No.10199 of 2003 pending before this Court. The learned S.D.J.M., Berhampur vide order dated 29.04.2005 has been pleased to dismiss such petition. It appears that on 08.05.2003 the learned Presiding Officer, Labour Court, Jeypore in Industrial Dispute Case No.11 of 2002 while adjudicating the reference made by the State Government through Labour and Employment Department, Orissa, Bhubaneswar under section 12(5) read with section 10(1) of the Industrial Disputes Act, 1947 passed the award, operative portion of which is as follows:-

(3.) Since the award/order of the learned Presiding Officer, Labour Court, Jeypore was not carried out, for non- implementation of such award, prosecution report was submitted by the District Labour Officer, Berhampur against the petitioner, basing on which the impugned order dated 30.09.2004 was passed.