PARMESHWAR RAM BHADANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This rule is directed against the order of the Sub-Divisional Magistrate of Gaya refusing to stay proceedings in a criminal case.

(2.) In consequence of an industrial dispute between the management of the Gaya Cotton and Jute Mills Limited and the workers represented by the Gaya Cotton and Jute Mills Labour Union, an industrial tribunal was constituted by the Government for adjudication of the said dispute. The tribunal constituted made an award on 4-9-1948, which was duly published in the Bihar Gazette. By a subsequent Government notification the award was made binding for the period up to 18 6-1949. It was alleged that is spite of the publication in the Gazette the management failed to implement the award. The Assistant Commissioner of Labour, therefore, made a criminal complaint before the District Magistrate of Gaya for prosecuting the applicant, who is the Managing Director of the Company, Under Section 29, Industrial Disputes Act. The Government of Bihar had previously authorised the Assistant Commissioner of Labour to file the complaint.

(3.) The criminal complaint is dated 27-4-1949, but the District Magistrate of Gaya took cognizance of it on 18-5-1949. On 17th of May the applicant instituted a suit in the Court of the Subordinate Judge, Gaya, alleging that the constitution of the tribunal and the making of the award were illegal and ultra vires and that the tribunal had no jurisdiction to make the award. It was also averred in the complaint that the Governor of Bihar had no jurisdiction to appoint the tribunal.