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2016 DIGILAW 76 (JHR)

Steel Authority of India Limited v. State of Jharkhand

2016-01-08

RONGON MUKHOPADHYAY

body2016
ORDER : 1. Heard Mr. Ananda Sen, learned counsel for the petitioner and Mr. Mukesh Kumar, learned A.P.P. for the State. 2. In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order taking cognizance passed by the learned Chief Judicial Magistrate, Bokaro in connection with B.S.E. Case No. 02 of 2003, whereby and where under, cognizance has been taken for the offence punishable u/s 18 of the I.D. Act, 1947. 3. A complaint was filed against the opposite party No. 2, Labour Superintendent, Bokaro Steel City, wherein it was alleged that an Award against the petitioners was pronounced on 28.01.2002 by the learned Labour Court, Bokaro in Reference Case No. 9/1989. The Award was to be complied within a period of three months from the date of pronouncement. Since the Award was not complied within the said period, the workman complained about the non-compliance of the Award to the opposite party No. 2. A communication was made to the opposite party No. 2 vide letter dated 1.8.2002 which was followed by another communication, directing the petitioners to comply with the Award. The Office Superintendent had intimated vide letter dated 11.9.2002 to the opposite party No. 2 to the effect that a writ petition has been filed by the management challenging the Award. It was informed that since the petitioners had violated the provisions of Section 18 of the I.D. Act, as such they should be proceeded against u/s 29 of the said Act. The learned Chief Judicial Magistrate, Bokaro had received the prosecution report/ complaint from the Labour Superintendent, Bokaro Steel City. The learned Chief Judicial Magistrate, Bokaro, on receiving the prosecution report/ complaint from the Labour Superintendent, Bokaro Steel City, took cognizance u/s 18 of the I.D. Act. 4. It has been submitted by the learned counsel for the petitioners that the Award passed in Reference Case No. 9/1989 was challenged before this Court in a writ petition being W.P. (S) No. 3993 of 2002, which was dismissed on 30.7.2003 and against the said order, a Letters Patent Appeal being L.P.A. No. 514 of 2003 was preferred which also got dismissed on 6.12.2004 and pursuant to the said dismissal, the Award pronounced by the learned Labour Court in Reference Case No. 9/1989 was complied with and an amount of Rs. 68,804/- was paid to the concerned workman. 68,804/- was paid to the concerned workman. It has further been submitted that no case is made out in view of the fact that the Award passed by the learned Labour Court in Reference Case No. 9/1989 was immediately challenged by the management before this Court and on dismissal of the writ petition as well as the appeal, the Award was immediately complied with. In such circumstances, therefore it has been submitted that there has not been any violation of Section 18 of the I.D. Acton the part of the petitioners. Thus the entire criminal proceedings as well as the order taking cognizance deserves to be quashed and set aside. 5. Learned counsel for the State on the other hand has submitted that although the notice intimating for compliance of the Award passed in Reference Case No. 9/1989 was issued, but the same was not complied with on the pretext that a writ petition was pending before this Court and in such circumstance, the opposite party No. 2 had rightly filed the prosecution report and pursuant to which the learned Chief Judicial Magistrate, Bokaro took cognizance u/s 18 of the I.D. Act. 6. Fact remains that after the Award was pronounced in Reference Case No. 9/1989, the management had immediately challenged the Award in a writ petition and on its dismissal in Letters Patent Appeal. It appears that the management was diligent in pursing the matter before this Court and immediately after dismissal of L.P.A. the Award has been complied with and an amount of Rs. 68,804/- was paid to the concerned workman which has-been brought to the notice of this Court by filing supplementary affidavit. The Award passed in Reference Case No. 9/1989 has been complied with in its letter and spirit and in such circumstance, continuation of the prosecution against the petitioners would be an abuse of process of court. 7. Accordingly, having been found merit in this application, the same is allowed and the entire criminal proceedings including the order taking cognizance passed by the learned Chief Judicial Magistrate, Bokaro in connection with B.S.E. Case No. 02 of 2003, whereby and whereunder, the cognizance has been taken for the offence punishable u/s 18 of the I.D. Act, 1947, is hereby quashed and set aside.