CHAITANYA SAHOO Vs. S N TRIPATHY

JUDGEMENT

(1.) This revision arises out of the order dated 24-9-1985 passed by Sri. J.N. Panda, Sub- divisional Judicial Magistrate, Sadar, Cuttack in 2(c) C.C. No. 111 of 1985 taking cognizance of the offence under Section 2(ra) read with Section 25 - of the Industrial Disputes Act.

(2.) The complainant S.N. Tripathy, the Production Manager of Orissa Cotton Mills, Bhagatpur, Cuttack filed a complaint against the petitioner alleging unfair labour practice. On the basis of these complaint petition cognizance was taken under Sections 2(ra) and 25 - of the Industrial Disputes Act. The petitioner (accused) raised objection that taking of cognizance is without jurisdiction. The learned Sub-divisional Judicial Magistrate, however, held that since he has taken the cognizance either rightly or wrongly, it is not open to him to set aside the order. In this circumstance, the petitioner has filed this criminal revision.

(3.) The learned advocate for the petitioner argues that the complaint has not been filed by the statutory authority as required under Section 34 of the Industrial Disputes Act and hence the impugned order is vitiated.