AJAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) MR . Nanda, appearing for the petitioner, submitted that he is one of the members of Noamundi Mazdoor Union. He further submitted that pursuant to the order passed by this Court on 24.3.2005 in W.P. (L) No. 1543 of 2005, the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi, passed order on 26.5.2005 in which it was found that there was serious charges against Sri G.T. Reddy, respondent No. 5 herein and a criminal case was pending, his primary membership was suspended by Executive Body after following the procedures of the Constitution, but the same could not be confirmed by the Governing Body clearly and therefore, it was ordered that his primary membership may continue till a decision of a Court is taken and after decision, the Union may take action against Sri Reddy as per its Constitution. He further submitted that Sri Reddy was convicted by judgment dated 8th March, 2006 passed in C -1 Case No. 33 of 2003 (T.R. No. 595 of 2006) by the Judicial Magistrate, 1st Class, Chaibasa under Section 409, IPC for misappropriation of Rs. 3,62,213.01. However on appeal he was acquitted vide Criminal Appeal No. 40 of 2006 by the Court of 1st Additional Sessions Judge, Chaibasa by judgment dated 8.2.2007 against which complainant has filed a case being Cr M.P. No. 566 of 2007 which has been admitted. He further submitted that an FIR was lodged against Sri Reddy being Noamundi P.S. Case No. 8 of 2006 dated 3.2.2006 in which charge -sheet has also been submitted.

(2.) IT appears that petitioner has not moved before the concerned authority.

(3.) IN the circumstances, petitioner will be at liberty to move before the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi (respondent No. 2) who will look into the matter and pass speaking orders, In accordance with law after hearing the concerned persons including the petitioner and the respondents No. 4 and 5, as early as possible and preferably within six weeks from the date of receipt of such representation.