AJIT KUMAR SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for the O.P.No.2 and learned counsel for the State. This petition has been filed for quashing the order taking cognizance dated 17.11.1998 for the offence under Section 29 of the Industrial Disputes Act and also for quashing the entire criminal proceedings initiated against the petitioners in connection with I.D.Case NO.343/1998.

(2.) COUNSEL for the petitioners has submitted that the instant criminal case i.e. I.D. Case No. 343/1998 has been filed for implementation of the award dated 25.05.1995 passed in Reference case no.15/1991. It is submitted that against the aforesaid award the petitioners have filed writ petition before this Court being C.W.J.C.No.2343/1995(R) . After hearing the parties learned Single Judge has modified the award and held : -

(3.) IT is further submitted that on submission made by the counsel for the petitioner in the aforesaid writ petition that there was no vacancy even in the year 1999, has been accepted by the learned Single Judge, therefore, the learned Single Judge dismissed the application filed by the concerned employee, namely, Bhawani Shankar Mitra. Therefore, there is no question of implementation of the aforesaid award and the criminal case instituted for implementation of the said award cannot proceed against the petitioners. He has annexed the copies of the order dated 11.09.1996 passed in CWJC NO.2343/1995(R) and the order dated 29.11.1999 passed in CWJC NO.1346/98(R) as Annexures -1 and 4 respectively in this application.