JYOTI PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application has been directed against the order dated 9.6.1999 passed in Complaint Case no. 1718 of 1996 by Sri U.C. Mishra S.D.J.M., Chapra, whereby the prayer made on behalf of the petitioner to discharge him was rejected on the ground that there is no provision to discharge the accused in summons cases. It has been prayed that the entire criminal proceeding pending against the petitioner in the court of S.D.J.M. Chapra be quashed, including the order dated 22.11.96, whereby cognizance under sections 17 (A), 18 (3), 19 and 29 of the Industrial Disputes Act, 1947 was taken by the C.J.M., Chapra.

(2.) THE relevant facts concerning the present revision application are that seven persons worked for more than 240 days on daily wages in the year 1991 and the Incharge Medical Officer, Bhore Hospital recommended to Civil Surgeon - cum -Chief Medical Officer, Gopalganj for their regular appointment and the Civil Surgeon -cum -C.M.O., Gopalganj appointed them as such, Thereafter, the Civil Surgeon -cum -C.M.O. terminated the services of Sanjay Kumar Tiwary, Ram - naumi Ram, Mohan Sah and Ramayatan Bhagat vide letter dated 10.10.92 and the services of Madan Sah, Rajiv Lochan Tripathi and Rameshwari Twiary were also terminated by letter dated 9.12.92. Against the termination, the seven persons filed writ petition before this Honble Court bearing C.W.J.C. No. 11289 of 1992 for quashing the order of termination when was asposed of as withdrawn and the petitioners were directed to seek remedy before the appropriate court under the Industrial Disputes Act. Thereafter, the terminated employees took the issue under the Industrial Disputes Act and the Government referred the matter for adjudication to Labour Court, Chapra where case No. 8 of 1994 was registered and the Civil Surgeon -cum -C.M.O. was made party representing the management. The Presiding Officer, Labour Court, Chapra passed an expart order/award against the Civil Surgeon - cum -C.M.O., Gopalganj on 1.12.94 and held that the termination of the petitioners services by the Civil Surgeon was illegal and the petitioners were entitled for reinstatement, regularisation and arrears of salary (vide Annexure -2). In compliance to the said award the Civil Surgeon -cum -C.M.O., Gopalganj by his order dated 30.12.95 reinstated/ regularised the services of the awardees and directed the Medical Officer fncharge to make payment of the arrears of wages to ail the seven employees, vide Annexure -3.

(3.) THE petitioner joined in Saran Division at Chapra on 27.7.95 to the post of Regional Deputy Director and after his joining, the Treasury Officer, Gopalganj raised objection against the acts of the then Civil Surgeon for not contesting the case pending before the Labour Court resulting in passing of the award. The copy of objection raised by the Treasury Officer was sent to the petitioner as also to the Collector, Gopalganj, vide Annexure -4 and after getting the knowledge of the objection raised by the Treasury Officer, the current salary of the awardees were stopped. The petitioner directed Dr. R.K. Rai who had joined as Civil Surgeon -cum -C.M.O. at Gopalganj, without taking charge from his predecessor, to obtain all relevant papers and reconstitute file for the purpose of enquiry and for filing appeal before the competent court. After that, the petitioner received a show cause notice issued by Assistant Labour Commissioner vide letter no. 850 dated 23.5.96, whereby the petitioner was directed to file a show cause as to why the management had not paid the arrears of salary as well as the current salary to the workers and as to why a complaint under section 29 of the Industrial Disputes Act may not be filed before the C.J.M., Gopalganj for non -compliance of the award. The petitioner, however, did not fife any reply.The petitioner, however, directed the Civil Surgeon -cum -C.M.O. to file appeal against the ex parte award and also wrote to the Commissioner -cum - Secretary, Department of Health vide letter dated 3.10.96 and requested the Govt, to issue necessary order to Civil Surgeon - cum -C.M.O. to file appeal against the award. The petitioner also requested to Secretary, Law Department vide letter No. 782 dated 17.12.96 for permission to file an appeal but he did not receive any information and, thereafter, he retired from service on 31.12.96. It has been stated that opposite party no. 2 U.C. Prasad, the Deputy Labour Commissioner filed a complaint against the petitioner and Dr. R.K. Roy, Civil Surgeon -cum -C.M.O. Gopalganj alleging that the award dated 1.12.94 was not implemented within 30 days of its publication under the provisions of Section 17 (A) of Industrial Disputes Act, 1947 which was binding upon them under the provisions of sections 18 (3)and 19 of the Act and non -compliance of which is punishable under section 29 of the Industrial Disputes Act. On the basis of the complaint (Annexure -6) filed by the Deputy Labour Commissioner, the learned C.J.M., Chapra took cognizance for the offence under sections 18 (a), 18 (3), 19 and 29 of the Act against the petitioner and Dr. R.K. Rai, Civil Surgeon -cum - C.M.O. , Gopalganj vide order dated 22.11.96 and ordered to issue process against them. The case was transferred to the court of S.D.J.M., Chapra who issued summons upon the petitioner.