R S MURTHY Vs. R K NAUG

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioner for quashing an order, dated the 30th March, 1972, passed by the Central Government Industrial Tribunal (No. 2), Dhanbad (hereinafter referred to as the "Tribunal", rejecting an application filed on behalf of the petitioner under Section 476 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code), for lodging a complaint under Section 193 of the Indian Penal Code against respondents.

(2.) It appears that the Central Government, by its order, dated the 19th July, 1967, had referred to the Tribunal a dispute existing between the employers in relation to the National Coal Development Corporation Limited, Ranchi and their Workmen which was numbered as Reference No. 244 of 1967. During the pendency of the said reference, several complaints under Section 33A of the Industrial Disputes Act (hereinafter referred to as the "Act") were filed, alleging contravention of certain provisions of the Act. The workmen were represented by the National Coal Organisation Employees Association, respondents 1 and 2 are assistant general secretary and general secretary, respectively, of the said Association. During the course of the hearing of the complaints, several witnesses were examined and documents were proved. Respondents 1 and 2 produced and proved two documents, Exts. W7 and W21. On behalf of the petitioner, an objection was taken that those documents were forged and fabricated for the purpose of being used in the proceedings. An application was filed before the Tribunal that, as The respondents had used forged documents and given false evidence during the course of the hearing of the proceedings, they had committed an offence punishable under Section 193 of the Indian Penal Code, and as such, a complaint in writing should be made by the Tribunal in accordance with the provisions of Section 195(1)(b) of the Code. The Tribunal heard the parties on the question of filing of the complaint and, by the impugned order, it rejected the said application, holding that the Tribunal 5s not a "Court" within the meaning of Section 195(1)(b), and as such, there was no question of filing a complaint in accordance with the provisions of that section.

(3.) The petitioner initially filed a criminal revision before this Court, which was numbered as Criminal, Revision No. 1179 of 1972, which was admitted by this Court and later converted into this application under Arts. 226 and 227 of the Constitution of India.