Jonathon White @ Jonathan White v. State of Jharkhand
2025-03-17
ANIL KUMAR CHOUDHARY
body2025
DigiLaw.ai
ORDER : I.A. No. 3908 of 2024 [In W.P. (Cr.) No. 899 of 2023] 1. Heard the parties. 2. Learned counsel for the intervener-Arun Kumar Singh submits that this interlocutory application has been filed with a prayer to implead the intervener as party respondent no.3 in W.P.(Cr.) No. 899 of 2023. It is next submitted by the learned counsel for the intervener that the intervener –Arun Kumar Singh is the employee of the writ petitioner no.1 of this writ petition and he has been dismissed from service by the management for the purported misconduct under the provisions of the company’s standing order; in respect of which the intervener has submitted a complaint to the Labour Commissioner, Jharkhand. In the light of the instruction received from the Labour Commissioner, Jharkhand, the respondent no.2 of this writ petition conducted an investigation and during the investigation, the respondent no.2 found that three committee members of the union were involved in the quarrel that took place between two groups of recognized union of the petitioner no.1 of this writ petition and the respondent no.2 directed the petitioner no.1 to submit his opinion regarding dismissal of the intervener and the same has been replied by the petitioner no.1 of this writ petition but because of stubbornness of the petitioner no.1, the talks failed. It is next submitted that the respondent no.2 has observed that though the intervener who was one of the committee member of the union has been dismissed by the management for the purpose of harassing him while three other committee members of the union involved in the same were relieved from the charges which is unfair labour practice and the respondent no.2 filed a complaint before the Chief Judicial Magistrate, vide Complaint Case No. 2044 of 2021 requesting the court to take cognizance under Section 34 of the Industrial Disputes Act and the cognizance has been taken by the learned Judicial Magistrate -1st Class for the offences punishable under Section 25-U of the Industrial Disputes Act. Hence, it is submitted that the intervener be impleaded as party respondent no.3 of W.P. (Cr.) No. 899 of 2023. 3.
Hence, it is submitted that the intervener be impleaded as party respondent no.3 of W.P. (Cr.) No. 899 of 2023. 3. The learned counsel for the petitioners submits that since the complaint has been filed before the learned Judicial Magistrate -1st Class by appropriate authority under Section 34 of the Industrial Disputes Act and the appropriate authority has been added as party respondent no.2 of this writ petition, so the intervener has no locus-standi in respect of the official complaint and the intervener being a private person cannot be impleaded as party, more so when I.D. Case No. 11 of 2021 filed by the intervener is sub-judice in the Labour Court, Jamshedpur. Hence, it is submitted that this interlocutory application being without any merit be dismissed. 4. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that the offence involved in the complaint sought to be quashed by the writ petitioner is, Section 25-U of the Industrial Disputes Act, which provides for penalty for committing unfair labour practice. It is needless to mention that the undisputed fact remains that the unfair labour practice alleged in the complaint is in respect of the intervener only. So it can be said that the intervener is victim of the offence in respect of which the complaint has been filed. 5. Under such circumstances, this court is of the considered view that this is a fit case where the intervener be impleaded as party respondent no.3. 6. Accordingly, the prayer for intervention is allowed. 7. Registry is directed to incorporate the names, parentage and address of the said intervener whose names, parentage and addresses have been mentioned at page no.1 of this interlocutory application as party respondent no. 3 in the cause title of this writ petition with red ink. 8. This interlocutory application is disposed of accordingly. W.P. (Cr.) No . 537 of 2024 With W.P. (Cr.) No . 899 of 2023 9. Heard the parties. 10. Issue notice to respondent no.2 of both the writ petitions under registered post with A/D as well as under process of the court for which requisites etc. must be filed within one week by the petitioners, failing which, these writ petitions shall stand dismissed without further reference to the Bench. 11. Notice is made returnable within six weeks. 12.
10. Issue notice to respondent no.2 of both the writ petitions under registered post with A/D as well as under process of the court for which requisites etc. must be filed within one week by the petitioners, failing which, these writ petitions shall stand dismissed without further reference to the Bench. 11. Notice is made returnable within six weeks. 12. In case the requisites are filed, list these writ petitions after receipt of the service report of the notice issued to the respondent no.2 of both the writ petitions.