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J. C. DOSHI
A. K. Bhandari – Appellant
Versus
State Of Gujarat Thro P D Sunny, Labour Enforcement Officer – Respondent
JUDGMENT :
By way of this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to challenge the complaint being Criminal Case No.2807 of 2012 dated 06/09/2012 filed by the respondent No.2 before the learned Metropolitan Magistrate, Court No.6, Ahmedabad whereby the learned Court has issued the summons against the petitioners after registration of the said complaint.
2. The facts of the case which can be gathered from the pleadings are stated succinctly that, 1st petitioner is the Zonal Manager, Bank; whereas 2nd petitioner is the Sr. Manager (IR), Bank of India and both came to be superannuated on 30/04/2009 and 31/08/2008 respectively from the service.
2.1 That, one Mr.Ashok Pandya was working as Staff Clerk at the Bank of India since 01/09/1977 raised an industrial disputes through Maha Gujarat Bank Employee’s Association, Ahmedabad before the Conciliation Officer & Assistant Labour Commissioner (Central), Ahmedabad demanding grant of pension. The Memorandum of Settlement ( in short ‘MOS’) was arrived at between the Management of the Bank of India and the Maha Gujarat Bank Employees Association on 19/02/2008 before the concerned conciliation Off
The court established that a Magistrate must apply judicial scrutiny to the facts and evidence before issuing summons in a criminal complaint, and that mere allegations without a prima facie case do ....
Recognition of the limited jurisdiction for prosecuting parties under the Industrial Disputes Act, emphasizing enforceability of Labor Court awards against identified entities only.
Misconduct can be established outside the workplace if it brings disrepute to the management, and the Labour Court's reduction of punishment was found to be perverse.
The importance of evidence presented before the Labour Court, the limited scope of judicial review, and the impact of delay and suppression of material facts on the petition.
Initiating criminal proceedings before the final adjudication of the dispute would be an abuse of the process of law. Criminal liability arises only after the failure to deposit the determined amount....
The Labour Court has inherent power to recall its order dismissing a case for default or procedural irregularity. The power of procedural review is different from the power of review on merits. In a ....
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