BHARAT COKING COAL LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. This application has been filed for quashing of the entire criminal proceeding of I.D. Case No. 321 of 2001 including the order dated 11.4.2001 passed by the then Chief Judicial Magistrate, Dhanbad whereby and whereunder, cognizance of the offence punishable under Section 29 of the Industrial Disputes Act, 1947 has been taken against the petitioners.

(2.) Learned counsel for the petitioners submits that an industrial dispute was raised by the workman-Bhagirath Pandey whereupon a reference was made to the Central Government Industrial Tribunal, Dhanbad. Upon adjudication, an award was passed in favour of the workman. Thereupon, an application seems to have been filed by the concerned workman before the industrial Tribunal on account of non-implementation of the award. On filing of such application, a notice was issued to the petitioners who immediately replied that against the award passed by the Industrial Tribunal, the petitioners had preferred a writ application bearing C.W.J.C. No. 4350 of 2000 which got dismissed on 3.1.2001 and under the situation, specific statement was made that the petitioners would be implementing the award. In spite of that, the Court took cognizance of the offence punishable under Section 29 of the Industrial Disputes Act which is under challenge.

(3.) From perusal of the record, it does appear that when the notice was issued to the petitioners about non-implementation of award, a show-cause was submitted immediately thereafter that the award could not be implemented as the petitioners had preferred a writ application though it has been dismissed. In that situation, specific statement was made that the award shall be implemented.