M/S. MYSORE CHROME TANNING COMPANY LTD Vs. S.P. GOPAL

JUDGEMENT

(1.) IN this petition, the petitioners have prayed for quashing of the proceedings in C.C. No. 19645/2012 pending on the file of I Addl. Chief Metropolitan Magistrate at Bangalore for the offences punishable under Section 29 of the Industrial Dispute Act, 1947. The respondent obtained an award in Ref. No. 43/1980 dated 13.8.1984 and the same had become final. The petitioners partially implemented the award. The remaining part of the award was not implemented. Therefore, the respondent approached the Labour Commissioner seeking leave to prosecute the petitioners. Accordingly, the request of the respondent was granted by the Labour Commissioner. On this basis, respondent initiated proceedings against the petitioners in C.C. No. 19645/12. At this stage, petitioners are before this Court seeking quashing of the proceedings on the ground that there is no sanction as required under Section 197 of Cr.P.C. This contention of the petitioners is answered by the Apex Court in Mohd. Hadi Raja vs. State of Bihar and another - : AIR 1998 SC 1945 in para 28 and the same reads as under - -

(2.) LEARNED counsel for the petitioners secondly contends that the respondent is not entitled to prosecute the petitioners under Section 29 of the Industrial Disputes Act. On the other hand, he has to work out his remedy before the Labour Court. If that is so, it is open for the respondent to urge this ground before the trial court. In that event, the trial court is directed to consider the same in accordance with law. Having regard to the nature of the controversy, the trial court is hereby directed to expedite the matter and to dispose of the entire case within a time frame of four months from the date of receipt of copy of this order.