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2013 DIGILAW 738 (HP)

Sidhartha Super Spinning Mills Ltd v. MUNI LAL

2013-08-14

A.M.KHANWILKAR

body2013
JUDGEMENT A.M.KHANWILKAR, J. - 1. BY consent, applicant is allowed to convert this Revision application into Appeal under Section 401(5) of Cr.P.C. Application is disposed of. 2. HEARD counsel for the parties. This appeal takes exception to the judgment, dated 26th September, 2012, passed by the Judicial Magistrate Ist Class, Court No.I, Nalagarh, District Solan, in Complaint No.186/3 of 2010, dismissing the application-cum-complaint filed by the appellant under Section 630 of the Indian Companies Act, 1956. Shorn off details, the respondent was employed as worker in the appellant-Company. His services were terminated on 9.6.2008, as a result of which, the respondent approached the concerned Authority and reference has been made to the . Labour Court about the validity of his termination. It is not in dispute that the said reference is still pending. In the meantime, the appellant moved application-cum-complaint under Section 630 of the Indian Companies Act. The trial Court was of the of opinion that since the industrial dispute was pending in relation to the validity of the dismissal/termination, it would not be appropriate to proceed with the complaint filed by the Company under Section 630 of the Companies Act. To buttress that opinion, the trial Court referred to Section 33 of the Industrial Disputes Act. 3. AFTER having considered the rival submissions, I have no hesitation in taking the view that the trial Court has missed the relevant matter in issue. Assuming that the trial Court was justified in relying on Section 33 of the Industrial Disputes Act, it ought to have, in the first place, ascertained - whether the allotment of residential accommodation to the respondent by the Company was a condition of service. In the absence of that finding, Section 33 of the Industrial Disputes Act will have no application and for which reason, the logic employed by the trial Court not to continue with the action under Section 630 of the Indian Companies Act will be inapplicable and untenable. 4. IN the circumstances, the impugned judgment is set aside. Instead, the matter is relegated before the trial court for reconsideration of the application-cum-complaint filed by the . appellant under Section 630 of the Indian Companies Act, to be decided on its own merits, in accordance with law. 4. IN the circumstances, the impugned judgment is set aside. Instead, the matter is relegated before the trial court for reconsideration of the application-cum-complaint filed by the . appellant under Section 630 of the Indian Companies Act, to be decided on its own merits, in accordance with law. The parties shall appear before the trial Court on 9th September, 2013, when the trial Court shall schedule the hearing of the case to ensure of that the same is decided, one way or the other, before 31st December, 2013. Appeal is disposed of accordingly.