DALJIT SINGH Vs. S MANMOHAN SINGH

JUDGEMENT

(1.) The petitioner, who claims himself to be the Secretary of the workers Union of the Village Papers Private Ltd., Mehatpur, (hereinafter called 'the Union'), has preferred this petition under Section 482, Cr. P.C. read with Article 227 of the Constitution of India for quashing the order dated 18/07/1992 passed by the Sessions Judge, Chamba (Additional Sessions Judge, Una) in Criminal Revision No. 7 of 1991 filed by respondent Sardar Man Mohan Singh against the order dated 1/11/1990 of Chief Judicial Magistrate, Una, whereby he was summoned in a criminal case No. 16 of 1990.

(2.) The brief facts of the case are of the petitioner was working as semi-skilled operator with Village Papers Private Ltd., 2 Industrial Area, Mehatpur (hereinafter called 'the Company'). In December, 1985, he had given demand notice, in his capacity as Secretary of the Union, regarding grievances of workmen members. Thereafter, the Company offered the post of General Supervisor to the petitioner, on the condition that he will maintain impartiality in the conduct of his duties and will not take any side with any union and or association of workers so far as the affairs of the factory are concerned. The petitioner did not accept this offer. The relations between the company and the members of the Union further deteriorated and the company terminated the services of about 30 workmen members of the Union with effect from 1-6-1986. At the instance of the Union, the Government referred the dispute to the Labour Court by its reference No. 171 of 1987. The reference was in the following terms :-

(3.) The Labour Court proceeded with the reference and framed issues. The company felt aggrieved by the framing of issues and filed C.W.P. No. 114 of 1989 in this Court which was later on withdrawn. Thereafter, the company filed another writ petition No. 397 of 1991 questioning the legality and validity of the reference No. 171 of 1987 made by the Government. At the time of issuing rule, the writ petition was ordered to be heard by the Full Bench. Ultimately, the writ petition was decided on 28/04/1992, holding that the reference was bad as there was no demand in respect of their reinstatement by the workmen, before the matter was taken up by the authorities for referring the dispute to the Labour Court.