A.K. SAHAY Vs. STATE OF (BIHAR) JHARKHAND

JUDGEMENT

(1.) IN the instant application, the petitioners have prayed for quashing the entire criminal proceedings pending against the petitioner vide ID No. 296 of 1999 before the Chief Judicial Magistrate, Dhanbad as well as the order of cognizance dated 20-7-1999 passed by the learned Court below taking cognizance of the offence under Section 29 of the Industrial Disputes Act, 1947. The main ground taken by the petitioners in support of the prayer is that the order of cognizance is hopelessly barred by limitation and therefore, the continuance of the criminal proceedings against the petitioner is bad in law and is an abuse of the process of the Court. Another ground equally emphasized is that the impugned order of cognizance as passed by the learned Court below pursuant to which the petitioners have been called upon to face the trial in the proceedings, is bad on account of the fact that the learned Magistrate has filed to apply his judicial mind to the allegations made in the complaint filed by the opposite party No. 2 and even on the basis of the entire allegations, no offence under Section 29 of the Industrial Disputes Act, 1947 could be made out against the petitioners at all. Further ground is that the complaint has been filed by the opposite party No. 2 by suppressing material facts which otherwise could have clearly established that the Award was rendered infructuous and terminated on account of the fact that it was made unimplementable.

(2.) HEARD the learned counsel for the petitioners and counsel for the State.

(3.) THE Award was notified on 27-2-1992 and as per law, it was to be implemented within 30 days from the date of its notification. The petitioners, according to the complaint, were made liable on account of the fact that they happen to constitute the management of the Bharat Cooking Coal Limited (BCCL) within whose management and jurisdiction comes Gobalichack Colliery in respect of which the dispute between the management and the workers arose. On receipt of complaint, the learned Court below by the impugned order dated 20-7-1999, took cognizance of the offence against the petitioners.