PEAK ELECTRONICS PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question which has been raised by the petitioners and which falls for consideration in this case, is as to whether the penal provisions of Section 25-Q of the Industrial Disputes Act, 1947 which provides penalty for lay off and retrenchment of a workman by an employer made in contravention of Section 25-M or Section 25-N would be made applicable to an employer of an industry which is run and managed by private individual or private Management like the petitioners.

(2.) Originally the prayer of the petitioners was to declare the provisions of Sections 25-M and 25-N of the Industrial Disputes Act to be ultra vires to the Constitution of India. For that reason, it was referred to the Division Bench but at the time of arguments, Mr. Jai Prakash, learned senior counsel submitted that the petitioners are now not challenging the vires of the aforesaid two provisions of the Act but they are confining their prayer to quash the criminal prosecution against them being invalid in law. Therefore, now petitioners are challenging the order taking cognizance dated February 13, 1990 passed by Sri B.K. Lal, Judicial Magistrate, 1st Class, Giridih in T.R. No. 1012/1990 whereby, cognizance of the offence punishable under Section 25-Q of the Industrial Disputes Act, 1947 has been taken against the petitioners.

(3.) The facts in short are that a complaint petition was filed by the opposite party No. 2 - Assistant Labour Commissioner, Giridih against the petitioners before the Chief Judicial Magistrate, Giridih alleging therein that factory of the petitioners where 151 workmen were employed was registered under the Factories Act. On September 20, 1989, the Management had made an application seeking permission as required under Section 25-N of the Industrial Disputes Act, to retrench all its workmen. The Labour Commissioner after an enquiry rejected the application and sent information to the Management vide Memo No. 1428 dated November 16, 1989. In spite of that, the Employer by stopping the functioning of the Industry, deprived all the workmen from their job w.e.j. December 4, 1989 which was contravention of Section 25-M/25-N punishable under Section 25-Q of the Industrial Disputes Act. A copy of the Complaint petition has been annexed as Annexure-1 to the petitioner.