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1949 DIGILAW 138 (CAL)

Probhat Kumar Kar and 10 Ors. v. William Trevalyan Curtis Parker

1949-03-17

body1949
JUDGMENT Roxburgh, J. - This Rule is for quashing certain proceedings under the Industrial Disputes Act, Act XIV of 1947. They have been started on the complaint of Mr. Parker, General Manager of Lloyds Bank Limited against some employees of the Bank alleging offences under secs. 26 and 27 of the Act. Before lodging the complaint Mr. Parker obtained an authority dated the 15th of October. 1948, from the Provincial Government. A copy of the order is an annexure to the petition before us. The ground on which the Rule is supported before us is apparently that under the provisions of sec. 34 of the Industrial Disputes Act, Government cannot give authority to a private person to make a complaint of any offence punishable under the Act. Our attention has been called to some cases in which the similar provisions of sec. 196 of the Criminal Procedure Code have been considered but in none of them can we find the slightest support for the contention now put forward. No doubt, the control of the proceedings as regards the actual complaint is to be held by the Government and there are expressions to show that the person authorised cannot claim to, as it were, extend the authority given to him in a general form according to his own views of the particular offences which should he prosecuted. No such question appears to arise here. The offences are specifically named in the authority, namely, offences under secs. 26 and 27 of the Act, that is to say, offences by workmen in connection with illegal strikes or by others instigating workmen in such Connection. The real grievance of the Petitioners, as we understand, is that the cases are being conducted and continued before the Magistrate by lawyers employed by Mr. Parker. On this aspect of the matter, we refer to Ch. XXXVIII of the Criminal Procedure Code which regulates the questions of prosecutions by private individuals and the position of the Public Prosecuor. It seems to us that if the accused have any grievance as to the manner in which the case is being conducted, they may make an objection to the Magistrate who would deal with it in accordance with the provisions of that chapter. No ground whatever has been made out before us for quashing the proceedings. 2. The Rule is accordingly discharged. Chunder, J. I agree.