Decided on October 29,2018

Chowgule Industries Private Ltd Appellant
Commissioner-Labour And Employment Respondents


Nutan D. Sardessai, J. - (1.) Rule. Heard forthwith with the consent of the learned Counsels appearing for the parties. Learned Counsels appearing for the parties waive service.
(2.) This Writ Petition seeks to invoke the jurisdiction of this Court under Article 227 of the Constitution of India to quash the order dated 03/01/2018 and the Recovery Certificates dated 18/08/2017, 21/09/2017 and 13/12/2017 issued by the respondent no.1.
(3.) It was the case of the petitioners that there were two issues concerning its employees which culminated in two different awards one regarding the Variable Dearness Allowance and the other regarding the Charter of Demands. The Tribunal had heard the parties on the first issue and made an award dated 08/07/2015 allowing the reference which was challenged by the petitioners in the Writ Petition No.738/2015. The said petition came to be dismissed on 18/12/2015 which was challenged before the Hon'ble Supreme Court and when an order was made dismissing the Special Leave Petition keeping the question of law open and considering that there were only five workmen covered by the impugned judgment. The Tribunal had also made an award on hearing the parties dated 13/07/2015 in respect of the reference qua the Charter of Demands which was challenged by the petitioners in the Writ Petition No.739/2015. This petition came to be dismissed on 18/12/2015 and on challenge before the Hon'ble Apex Court in a Special Leave Petition, the same was accordingly dismissed. The petitioners thereafter in compliance with the orders of the Supreme Court proceeded to comply with the same and paid the amount due to all the employees concerned in the reference involving the Charter of Demands. The office of the respondent no.1 however issued a letter to them for the alleged nonimplementation of the award and when they informed the respondent no.1 that the matter was pending before the Hon'ble Supreme Court, despite this position, the respondent no.1 proceeded with the filing of the criminal complaint for the alleged non-implementation of the award before the Judicial Magistrate First Class under Section 29 of the Industrial Disputes Act, 1947, the Act for short hereinafter.;

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