RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Ananda Sen, learned counsel for the petitioner and Mr. Mukesh Kumar, learned A.P.P. for the State.
(2.) In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order taking cognizance passed by the learned Chief Judicial Magistrate, Bokaro in connection with B.S.E. Case No. 02 of 2003, whereby and where under, cognizance has been taken for the offence punishable u/s 18 of the I.D. Act, 1947.
(3.) A complaint was filed against the opposite party No. 2, Labour Superintendent, Bokaro Steel City, wherein it was alleged that an Award against the petitioners was pronounced on 28.01.2002 by the learned Labour Court, Bokaro in Reference Case No. 9/1989. The Award was to be complied within a period of three months from the date of pronouncement. Since the Award was not complied within the said period, the workman complained about the non-compliance of the Award to the opposite party No. 2. A communication was made to the opposite party No. 2 vide letter dated 1.8.2002 which was followed by another communication, directing the petitioners to comply with the Award. The Office Superintendent had intimated vide letter dated 11.9.2002 to the opposite party No. 2 to the effect that a writ petition has been filed by the management challenging the Award. It was informed that since the petitioners had violated the provisions of Section 18 of the I.D. Act, as such they should be proceeded against u/s 29 of the said Act. The learned Chief Judicial Magistrate, Bokaro had received the prosecution report/complaint from the Labour Superintendent, Bokaro Steel City. The learned Chief Judicial Magistrate, Bokaro, on receiving the prosecution report/complaint from the Labour Superintendent, Bokaro Steel City, took cognizance u/s 18 of the I.D. Act.;