( 1 ) IN the present application the petitioner has challenged Misc. Execution Case No. 16 of 2000 under Section 33-C of the Industrial Disputes Act, 1947 as amended by Section 18 of the Industrial Disputes (W. B. 2nd Amendment) Act, 1980 now pending in the court of learned Chief Judicial Magistrate, Burdwan.

( 2 ) IN terms of Order No. 382-IR dated 28. 2. 2000 passed by the Assistant Secretary to the Government of W. B. , the Deputy Labour Commissioner, Burdwan lodged a complaint with a prayer for initiating a proceeding for recovery of the amount of Rs. 6,65,809. 25 due to the workmen, before the learned Chief Judicial Magistrate, Burdwan which was registered as Misc. Execution Case No. 16/2000. On receipt of such complaint the learned Magistrate took cognizance of the offence and directed summons to be issued upon the petitioner fixing 2. 6. 2000 for further order and payment. On 2. 6. 2000 the matter was adjourned and thereafter by an order dated 12. 7. 2000 the learned Magistrate after receiving the service return of 'refusal' by the petitioner, issued warrant of arrest, which was challenged by the petitioner before the learned Sessions Judge, Burdwan