JUDGMENT

Kurian Joseph, J.

CRIMINAL APPEAL NO. 269 OF 2015 (ARISING OUT OF SLP (CRL.) NO. 10134/2010)

1. Leave granted.

2. Whether the Appellant is liable to be prosecuted Under Section 25U read with Section 29and under Serial No. 13 of the Fifth Schedule of the Industrial Disputes Act, 1947 (for short, 'the I.D. Act') is the question arising for consideration in this case. The allegation is that the recommendations of the Manisana Wage Board have not been properly implemented, a section of the journalists have been discriminated in a hostile manner and thus, there is unfair labour practice.

3. The Deputy Labour Commissioner, Patna preferred a complaint before the Chief Judicial Magistrate, Patna with the allegations referred to above seeking prosecution of the Appellant Under Section 25U read with Section 29 of the I.D. Act.

4. The Appellant preferred a petition before the High Court Under Section 482 Code of Criminal Procedure, the same was dismissed holding that the complaint was maintainable and thus, the present appeal.

5. Mr. P.P. Rao, learned senior Counsel, submits that the prosecution under the provisions of I.D. Act is not maintainable as there is no award or settlement or agree