V.K. JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Accused-petitioner by the instant petition under Sec. 482 Crimial P.C. has prayed for quashing criminal complaint and entire proceedings of Criminal Case No.192/2013 pending in the Court of learned Special Addl. Chief Judicial Magistrate (PCPNDT Cases), Udaipur (for short, 'learned trial Court') including impugned order dated 28.09.2015.

(2.) Succinctly stated, the facts of the case are that one Heeralal Kumawat (workman) raised an industrial dispute on 04.08.1992 against termination of his service, which was referred for adjudication to the Central Government Industrial Tribunal cum Labour Court, Jaipur (for short, 'learned Labour Court') and the learned Labour Court vide Award dated 28.10.2005 decided the dispute in favour of said Heeralal Kumawat. At the relevant time, the present petitioner was serving with the Life Insurance Corporation as Divisional Manager, Udaipur and was later on appointed as Senior Divisional Manager on 04.05.2012 and thereafter transferred to Ajmer as Principal, Sales Training. On 10.07.2013, the Union of India, respondent herein, filed a complaint against present petitioner, the ex-Senior Divisional Manager, Udaipur, before the Court of learned Special Addl. Chief Judicial Magistrate (PCPNDT Cases), Udaipur (for short, 'learned trial Court') under Sec. 29 of the Industrial Disputes Act, 1947. In the complaint, respondent Union of India, inter-alia averred that the award passed by Labour Court dated 28th of Oct., 2005 and published in the Gazette on 24th of Nov. 2005 has not been implemented by the petitioner, therefore, he has committed an offence under Sec. 29 of the Industrial Disputes Act, 1947 (for short, 'Act of 1947'). In the Award dated 28th of Oct., 2005, the learned Labour Court declared termination order of the workman dated 4th of Aug. 1992 as unjustified and illegal and issued directions for his reinstatement in services with continuity and 50% back wages from 8th April 2003 to the date of award. The complaint laid on behalf of respondent Union of India was registered as Criminal Case No.192/2013 and learned trial Court took cognizance of the said offence against the petitioner.

(3.) In the petition, precisely, the petitioner has challenged entire further proceedings in Criminal Case No.192/2013, pending in the Court of learned trial Court, as well as order dated 28th of Sept. 2015, whereby cognizance for offence under Sec. 29 of the Act of 1947 is taken against him. The cognizance is challenged on the anvil of being barred by Sec. 468 Crimial P.C. wherein limitation prescribed is one year. It is also submitted in the petition that prosecution against the petitioner under Sec. 29 of the Act of 1947 is not tenable as the petitioner is not appointing authority of the workman and furthermore he cannot be held responsible for breach of any term of the Award passed by Labour Court. A document is also placed on record to show compliance of Award passed by the Labour Court inasmuch as according to the petitioner vide order dated 19th of Sept. 2013 petitioner was reinstated but he has not joined his duty. A specific plea is also raised in the petition that award was challenged by the LIC before Jaipur Bench of this Court by way of filing a writ petition and the same was registered as S.B. Civil Writ Petition No. 7165 of 2006. The petition remained pending for almost 7 years and finally the same was dismissed on 25th of Sept. 2013.