Y P GUPTA, REGIONAL MANAGER UNION BANK OF INDIA, CHANDIGARH Vs. LABOUR ENFORCEMENT OFFICER (CENTRAL) CHANDIGARH

JUDGEMENT

(1.) Y.P. Gupta, Regional Manager, Union Bank of India, Chandigarh has moved this criminal miscellaneous under Section 482, read with Section 397, Criminal Procedure Code for quashing of the complaint dated 10.9.1990, Annexure P.8, brought by the State, through its Labour Enforcement Officer (Central) Chandigarh, respondent-1 and others, for offences under Sections 29, 17 read with Section 13 of the Industrial Disputes Act ('the Act' in brief).

(2.) According to the impugned complaint, the petitioner and B.D. Narang respondent-3 were responsible for implementation of the award in reference No. 63/85, dated 7.4.1986 from the date of its enforcement. However, Union Bank of India (shortly 'the Bank') Staff Union raised on industrial dispute which was referred to Central Govt., Industrial Tribunal, Chandigarh (hereinafter 'the Tribunal') on 2.1.1985 and it gave the award on 7.4.1985 but the petitioner and his co-accused did not implement the same properly by not giving an offer of appointment on arising of next available vacancy in the cadre of Officer Grade II and the offer was made only on arising of vacancy against direct quota. Since that was not a proper implementation of the award, they had rendered themselves liable for prosecution for breach of Section 17 read with Section 18 of the Act.

(3.) The facts leading to the dispute, between Sohan Lal, a workman and the Bank, as gathered from the award in question, are as under :-