JUDGMENT : S. K. SAHOO, J. 1. This application under section 482 of Cr.P.C. has been filed by the Secretary, Berhampur Sub-Divisional House Building Corporative Society Ltd. challenging the impugned order dated 30.09.2004 passed in 2(C) C.C. No.144 of 2004 pending in the Court of learned S.D.J.M, Berhampur in taking cognizance of the offences under sections 29 and 25-U of the Industrial Disputes Act, 1947 and issuance of process against the petitioner. Subsequently, the petitioner entered appearance in the said case through his advocate and filed a petition before the learned S.D.J.M., Berhampur to drop the case with an alternative prayer to stay the further proceeding of the case till disposal of the W.P.(C) No.10199 of 2003 pending before this Court. The learned S.D.J.M., Berhampur vide order dated 29.04.2005 has been pleased to dismiss such petition. It appears that on 08.05.2003 the learned Presiding Officer, Labour Court, Jeypore in Industrial Dispute Case No.11 of 2002 while adjudicating the reference made by the State Government through Labour and Employment Department, Orissa, Bhubaneswar under section 12(5) read with section 10(1) of the Industrial Disputes Act, 1947 passed the award, operative portion of which is as follows:- “4. The action of the Secretary M/s. Berhampur Sub-Divisional House Building Co-operative Society Ltd., Berhampur in refusing employment to Sri Sahadev Pradhan, Asst. Secretary -cum-Typist w.e.f. 16.09.1998 is illegal and unjustified and he is entitled to full back wages and reinstatement immediately.” 2. Since the award/order of the learned Presiding Officer, Labour Court, Jeypore was not carried out, for non-implementation of such award, prosecution report was submitted by the District Labour Officer, Berhampur against the petitioner, basing on which the impugned order dated 30.09.2004 was passed. 3. The learned counsel for the petitioner prayed to call for the case record of W.P.(C) No.10199 of 2003 as the same has a bearing on this case. On the oral prayer, the record was called for and on perusal of the order sheets, it appears that even though the award was passed on 08.05.2003 by the learned Presiding Officer, Labour Court, Jeypore in I.D. Case No.11 of 2002 giving certain direction in favour of one Sahadev Pradhan, the said order was challenged before this Court in the aforesaid writ application and this Court vide order dated 06.11.2003 in Misc. Case No.9879 of 2003 stayed with operation of the order dated 08.05.2003 and therefore, when the prosecution report was filed in the year 2004, the stay order was in operation and as such the submission of prosecution report ignoring the stay order of this Court passed in W.P.(C) No.10199 of 2003 is illegal. It appears that in the meantime, the said writ petition has been disposed of by a Division Bench of this Court vide order dated 16.01.2017 and it has been held as follows:- “5. In that view of the matter, without expressing any opinion on merits of the contentions raised by learned counsel for the petitioner, this Court sets aside the impugned award under Annexure-1 and remit the matter to learned Labour Court, Jeypore, for de novo adjudication of the reference, giving opportunity of hearing to the parties.” 4. Since the order basing on which the prosecution report was submitted is no more in existence and direction has been issued to the learned Labour Court to dispose of I.D. Case No.11 of 2003 and the prosecution report was submitted ignoring the stay order passed by this Court in W.P.(C) No.10199 of 2013, therefore, I am of the view that the impugned order dated 30.09.2004 passed by the learned S.D.J.M., Berhampur in 2(C) C.C. No.144 of 2004 is not sustainable in the eye of law and accordingly, the same is hereby set aside. The CRLMC application is allowed.