- (1.) INDUSTRIAL Tribunal, Faridabad, announced its award in favour of two workers, named Ghanshyam Sharma and Jang Bahadur on 23rd July, 1981 which was published in Haryana Government Gazette on 10th November, 1981. Shri Maharaj Kar, Joint Managing Director of M/s Flovel Ltd. , employer concern having not executed the award, the State of Haryana in Labour Court and Employment Department decided to prosecute him under Section 29 of the Industrial Dispute Act, 1947 Complaint dated 20th March, 1985 was filed in the court of learned Chief Judicial Magistrate, Faridabad, for the purpose.
(2.) JOINT Managiog Director Maharaj Kar has filed Criminal Misc. No. 9534-M of 1990 in this Court for quashing complaint aforesaid on the grounds of its being barred by limitation It has also been asserted in the quashing petition that the complaint has been filed by a person not authorised to do so and that the workmen are enforcing the award and getting the desired relief from the Labour Court in terms of Section 33 (c) (2) of the Industrial Disputes Act, 1947 and, therefore, prosecution tinder Section 29 of the Act ibid is not legally permissible.
(3.) I have heard Mrs. Abha Rathore, Advocate, for the petitioner, Mr. Madan Jasal, Advocate, for the respondent State and have can fully gone through the relevant documents produced by the parties on record.;