JUDGMENT

1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (`CrPC') seeking quashing of the Order dated 05.10.2009 (`Impugned Order') passed by the Ld. Metropolitan Magistrate, Patiala House Courts, New Delhi (`Ld. MM') and the proceedings emanating from Complaint Case No. 35/2004, filed under Section 29 of the Industrial Disputes Act, 1947.

2. The instant case relates to an industrial dispute which arose between the management and workmen of New India Assurance Company Limited, Regional Office-II, New Delhi (`Company') around 2002. The dispute relates to the issue of calculating the seniority of part time sweepers "State- Wise", instead of the prior practice of calculating such seniority "Place- wise".

3. On account of this dispute, conciliatory meetings of the management and workmen of the Company were held on various occasions. These meetings culminated in the drawing up of a Memorandum of Settlement (`MoS') dated 16.07.2002, in terms of Section 12(3) of the Industrial Disputes Act, 1947. The terms of the MoS are being reproduced below for ready reference:

"1. The management will take up the matter with Head Office for creation