- (1.) This application has been filed for quashing of the entire criminal proceeding of I.D. Case No. 4 of 2001 including the order dated 4.1.2001 passed by the then Chief Judicial Magistrate, Dhanbad whereby and whereunder, cognizance of the offence punishable under Section 29 of the Industrial Disputes Act, 1947 has been taken against the petitioners. The facts giving rise to this application are that when Jagdish Bhuiya, Trammer, Gondudih Colliary, was made to superannuate on 3.3.1987, Bihar Colliery Mazdoor Sabha, a Trade Union, raised an industrial dispute against the management. The said dispute was referred to the Central Government Industrial Tribunal No. 1, Dhanbad for adjudication, which was registered as Ref. No. 14 of 1989. The terms of reference was as follows:- Whether the action of the management of Gondudih Colliery of Kusunda Area of M/s Bharat Coking Coal Limited, Dhanbad, in superannuating Shri Jagdish Bhuiya, Trammer of Gondudih Colliery with effect from 3.3.1987 is justified? If not, to what relief is the workman entitled ? While reference was pending for decision, settlement arrived at in between the parties on the following terms:- a). That the concerned workman Sri Jagdish Bhuia, Trammer will be referred to Apex Medical Board of the Management for assessment of his age. The age assessed by the Apex Medical Board will be accepted by the concerned workman, the Union and the Management with out any challenge for the purpose of his superannuation. b). That the concerned workman will be reinstated on his job if he will, be found less than 60 years of age. In case, it will be found that he had completed 60 years of age on the date of his superannuation, he will not be entitled to any relief. c) That in case the age is assessed to be less than 60 years of age on the date of his superannuation, the concerned workman will be paid 50% (fifty per cent) of his back wage from the date of his superannuation till he attained 60 years of age or till the date of the resumption of his duty as the case may be. d) That the concerned workman will report to the Management within three months from the date of the settlement for referring him to the Apex Medical Board.
(2.) On such settlement, an award was passed on 14.3.1991. In terms of the settlement, the employee-Jagdish Bhuiya was supposed to make himself present before the Apex Medical Board for assessment of age. Accordingly, he appeared before the Medical Board on 11.3.1994 and the Board found his age on 11.3.1994 as 58 years. Under the situation, as per terms of settlement, he was to be given 50% back wages till he assumes his duty.
(3.) However, it is the case of the petitioner that the employee-Jagdish Bhuiya never resumed his duty till 10.3.1996, when he superannuated on attainment of age of 60 years but before his superannuation, several notices were given reminding him to resume his duty in terms of settlement but he never cared for it and ultimately on 23.2.1998 a notice was given in terms of the provisions as contained in Section 19(3) read with Section 19(6) of the Industrial Disputes Act whereby the award was terminated. Almost after three years, a complaint was lodged under Sections 18 and 32 of the Industrial Disputes Act by the Labour Enforcement Officer (Central) for non-implementation of the award dated 14.3.1991 of the Central Government Industrial Tribunal No. 1, Dhanbad passed between the management of Gondudih Colliery, B.C.C.L. and the workman in Ref. No. 14 of 1989 and thereby it was alleged that the failure on their part to implement the above mentioned award within the stipulated period, the Authorities-accused, named above, contravened the provision of Section 18 read with Section 32 of the Industrial Disputes Act and have rendered themselves liable for legal action under Section 29 of the said Act. On such complaint, cognizance of the offence punishable under Section 29 of the Industrial Disputes Act was taken against the petitioner on 4.1.2011 which is under challenge.;