ABHAY MILLS LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners (original accused) Abhay Mills Ltd. its directors and officers have challenged the issuance of the process for offences punishable under sec. 109 of the Bombay Industrial Relations Act 1946

(2.) The offence alleged against them is that the company bad refused nomination form to one Kanubhai Bhagwandas Patel who had desired to contest the election to the Joint Management Council of the Mill and thereby the Company committed breach of rule 61-D (1) of Bombay Industrial Relations (Gujarat) Rules 1961 and it is further alleged that the petitioners-accused are employers within the meaning of sec. 3 of Bombay Industrial Relations Act 1946

(3.) Rule 61-D (1) reads as under: 61 of candidates ;