- (1.) HEARD learned counsel for the petitioners, learned counsel for the O.P.No.2 and learned counsel for the State. This petition has been filed for quashing the order taking cognizance dated 17.11.1998 for the offence under Section 29 of the Industrial Disputes Act and also for quashing the entire criminal proceedings initiated against the petitioners in connection with I.D.Case NO.343/1998.
(2.) COUNSEL for the petitioners has submitted that the instant criminal case i.e. I.D. Case No. 343/1998 has been filed for implementation of the award dated 25.05.1995 passed in Reference case no.15/1991. It is submitted that against the aforesaid award the petitioners have filed writ petition before this Court being C.W.J.C.No.2343/1995(R) . After hearing the parties learned Single Judge has modified the award and held : - "In that view of the matter and considering the ratio of both positive and negative consequences of the allowances of first part of reference, the later part of the tribunal's judgment is modified to the extent that if any vacancy exists in the Management of the petitioner either presently or in near future, a dependent of Late B.N.Mitra should be considered according to his qualification to be fit -in against that post and there would be an extra qualification in his favour of being denied of having a scope for his appointment on compassionate ground. The management should consider the case of any of the dependants of respondent no.4 for the purpose whose qualification allows for the proposed post in the light of the observations made above favourably." It is further contended that as no vacancy was available at that time, the concerned employee again filed a writ petition before this Court in the year 1998 i.e. C.W.J.C.NO.1346/98(R). After hearing the parties in the said writ petition, the learned Single Judge has dismissed the application vide order dated 29.11.1999 and held: - "It appears that in C.W.J.C. No. 2343/1995 R this Court modifying the award observed that if any vacancy exists in the management of the petitioner in future then the dependant of Late Badyanath Mitra should be considered for his employment according to qualification. In the counter affidavit it is stated inter - alia that there is no vacancy under the Respondent/B.C.C.L.. As a matter of fact Respondent/ B.C.C.L. has already surplus man power and in order to reduce the surplus man power has resorted to the voluntary retirement scheme. Various other facts have been stated in the counter affidavit. From perusal whereof, I am of the opinion that no relief can be granted to the petitioner. This application is therefore, dismissed."
(3.) IT is further submitted that on submission made by the counsel for the petitioner in the aforesaid writ petition that there was no vacancy even in the year 1999, has been accepted by the learned Single Judge, therefore, the learned Single Judge dismissed the application filed by the concerned employee, namely, Bhawani Shankar Mitra. Therefore, there is no question of implementation of the aforesaid award and the criminal case instituted for implementation of the said award cannot proceed against the petitioners. He has annexed the copies of the order dated 11.09.1996 passed in CWJC NO.2343/1995(R) and the order dated 29.11.1999 passed in CWJC NO.1346/98(R) as Annexures -1 and 4 respectively in this application.;