ANIL KUMAR MOHINDROO Vs. STATE

JUDGEMENT

(1.) LABOUR Inspector Grade II, Union Territory, Chandigarh lodged a complaint (Annexure P-12) on 3.5.1996 under Section 25T and 25U of the Industrial Disputes Act, 1947 before the learned Chief Judicial Magistrate, Chandigarh against petitioner - Anil Kumar Mohindroo and two others of Geoffery Manners and Company Ltd., alleging that the petitioner and the co-accused have violated the provisions of Section 25T of the Industrial Disputes Act, 1947 in the case of Mr. M.G. Sharma, an employee of M/s. Geoffery Manners and Company Ltd. (hereinafter referred to as the Company). The complainant has also referred to the authorisation given to him to launch the prosecution (Annexure P-13) by the Home Department of Chandigarh Administration dated 29.3.1996 wherein it has been mentioned that Mr. M.G. Sharma, who was working with Geoffery Manners and Company Ltd., was transferred to Delhi in the year 1992, and that is an unfair labour practice prohibited under Section 25T of the Industrial Disputes Act. It has also been mentioned that the petitioner and the two other co-accused have violated the said provision and, therefore, they have to be prosecuted.

(2.) THE petitioner, who has been summoned has approached this Court under Section 482 Cr.P.C. for quashing the complaint and all the consequential proceeding before the learned Chief Judicial Magistrate, Chandigarh.

(3.) BUT prior to the institution of the writ petition, on 13.6.1992 the second respondent-M.G. Sharma, was transfered to the Zonal Office, New Delhi, on which the second respondent filed an application under Section 33A of the Act. The Labour Court stayed the order of transfer by order dated 16.6.1992.