BENNET COLEMAN AND CO LTD AND ORS; TIMES PUBLISHING HOUSE LTD THRU D K JAIN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsels representing the petitioners in all the four cases and learned Additional Public Prosecutors for opposite party.

(2.) All these four cases have been filed under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 06th February, 2004 passed in Complaint Case No. 322 M of 2004 by the Chief Judicial Magistrate, Patna, taking cognizance against the petitioners for the offences under Sections 25U and 29 of the Industrial Dispute Act, 1947 for alleged violation of the provisions under Section 18(3) and Sl. 13 of Schedule 5 B of the said Act, that is, committing unfair labour practice and breach of settlement on Award. The case was transferred for trial to the Court of Sri Sanjay Kumar Singh, Judicial Magistrate, 1st Class, Patna.

(3.) It is admitted fact that the complaint was filed by Opposite Party No. 2, Labour Commissioner, Patna, who had earlier issued letter No. 4198 dated 27th August, 2003 against the petitioners relating to implementation of the recommendation of the Manisana Wage Board Award but in reply to the said letter the Management explained vide its letter dated 01st September, 2003 that as per recommendation of the Wage Board the Journalists were being paid wages as per Class-II whereas non-journalist employees were paid the wages of Class- VI and as such the same was a violation of Manisana Wage Board Award and as such they have not implemented the provisions of Part-III, Chapter-I, Clause 2(3) of Manisana Wage Board Award which provides an explanation;