R B S S N LAKSHMANAN CHETTIAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a revision against the order of the Additional District Magistrate, Mathurai, in C. C. No. 7 of 1947 overruling the preliminary objections raised by the petitioners.

(2.) The accused are the directors of the Mahalakshmi Textile Mills Ltd., Pasumalai, Mathurai. Accused 1, 4 and 5 are partners in Messrs. S. S. N. Lakshmanan Chettiar and company, who are the managing agents of the said mills. In G. O. No. 1629 (Development) dated 15th April 1947 the Government appointed an Industrial Tribunal to adjudicate upon the industrial disputes existing between the workers and the management of the textile mills in the Madras Province. After enquiry the tribunal gave an award increasing the emoluments of the workers and the same was accepted by the Government in G. O. No. 3080 (Development) dated 15th July 1947. A copy of the award was duly communicated to the management of the accused's mill for implementation. As they have not implemented the award the Government of Madras authorised the District Magistrate, Mathurai, to prosecute the management of the Mahalakshmi Textile Mills Ltd. Accordingly, the District Magistrate, Mathurai, filed a complaint against the accused under Section 39, Industrial Disputes Act, 1947.

(3.) The accused raised two preliminary objections, namely, that the Tribunal had no jurisdiction to pass the award, and also that the sanction given by the Government for prosecution was invalid.