K N MUKHOPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State. No one has appeared on behalf of respondent Nos. 2 & 3 in spite of repeated calls.

(2.) THE petitioner has filed this writ application with a prayer for issuance of appropriate writ, order or direction, quashing the I.D Case No.16 of 2002 filed under Section 29 of the Industrial Disputes Act, 1947, for non -implementation of the award dated 26.4.1982 passed in Reference No. 30 of 1980 by the Central Government Industrial Tribunal, Dhanbad.

(3.) FROM the perusal of the record, it appears that the State represented by the Labour Enforcement Officer (Central), Dhanbad -III, had filed the I.D Case No.16 of 2002 against the then Chairman and Managing Director and the other officers of M/s BCCL Koyla Bhavan, Koyla Nagar, Dhanbad, in which, the petitioner, being the Company Secretary of B.C.C.L., was also made an accused. The said complaint was filed alleging non - implementation of the award dated 26.4.1982 in Reference Case No. 30 of 1980, passed by the Central Government Industrial Tribunal, Dhanbad, in respect of workmen of D & F Rope -ways, merged with M/s BCCL, wherein, the Tribunal held that the workmen of D & F Rope -ways were entitled to the same benefits and scale of pay as provided in Ext.W -4 read with Ext.W -13, in Reference Case No. 30 of 1980. The petitioner has challenged the very filing of the said I.D Case No. 16 of 2002 before the Court of Judicial Magistrate, Dhanbad, and has prayed for quashing the same.