P GOSH @ PARMESHWAR GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. J.N. Upadhyay, learned counsel for the petitioner and Mr. Anand Kr. Pandey, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 07.06.2008 passed by the learned 4th Additional Sessions Judge, East Singhbhum, Jamshedpur in Criminal Appeal No. 18/2008, by which the judgment and order of conviction and sentence dated 28.01.2008 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur, in C/2 Case No. 4192/2000, by which the petitioner has been convicted for the offence under Section 29 of the Industrial Disputes Act and sentenced to undergo S.I. for three months as also a fine of Rs. 3000/- has been affirmed.

(3.) The prosecution story in brief is that there was a tripartite agreement between the Management of Incab Industries Limited and the Labour Union and as per clause 8.1 of the settlement there was a provision for appointment of a son and son-in-law of an employee who has worked for a long period in the company. It has been stated that R.H. Biswas had retired on 30.06.85 and had given an application for employment of his son. The Management did not provide employment and according to the complaint no preference was given to the son of R.H. Biswas as per the agreement which is violative of Section 8(3) and 9(1) (2) of the Industrial disputes Act. It has been alleged that the reply submitted by the Management was found to be unsatisfactory and after sanction was granted complaint was instituted.