SUDHINDRA KUMAR DEB Vs. GOPIKA RANJAN DATTA

JUDGEMENT

(1.) THIS is an application Under Section 439, read with Section 561A, of the Code of Criminal Procedure, against the order of the Sessions Judge, Cachur, affirming the order of the Senior Extra Assistant Commissioner and Magistrate 1st Class, Silchar. The petitioner was the Head Clerk of the Martycherra Tea Estate. An Industrial dispute was referred to the Industrial Tribunal which was disposed of by an award dated 7 -11 -1955. The Tribunal found that the order of dismissal of the petitioner was unjustified and not bona fide.

(2.) THE main question, therefore, to be considered in the present petition is whether the Industrial Tribunal can be regarded as a Court within the meaning of Section 195(l)(b) of the Code of Criminal Procedure. Section 195 has to be read along with Section 476 of the Code of Criminal Procedure, which provides the procedure as to how the Court, before whom the offence is said to have been committed, is to be moved to file a complaint.

(3.) IN the other case the question which came up for decision was as to whether the Returning Officer, under the Representation of the People Act, was a Court within the meaning of Section 195(1)(b) of the Code of Criminal Procedure. We have considered the provisions of the Industrial Disputes Act and we do not think that it can be said that the Industrial Tribunal is a Court within the meaning of Section 195(l)(b) of the Code of Criminal Procedure. No doubts the Act| provides that for the purpose of Section 193 the proceedings before the Tribunal will be considered to be judicial and further that the Tribunal has got powers to summon witnesses; but, the Act does not provide that the Industrial Tribunal will be considered to be a Court within the meaning of Section 195(1)(b) of the Code of Criminal Procedure.