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 Officer & Assistant Labour Commissioner under Section 12 (3) of the ID Act which was signed in Form ‘H’ by the concerned and the terms of the MOS reads thus:

“* The workman/Union (Bank of India) mentioned that he is willingly ready to move afresh application in the prescribed format for the grant of pension. The management of the bank has agreed to the same and stated that the pension shall be granted/released to him within a reasonable time of 30-45 days from the date of application.

* With this MOS, the existing industrial dispute is hereby, disposed – off with immediate effect.”

2.2 That, Mr.Ashok Pandya on 19/02/2008 made an application to the Bank and the Bank was required to process and release the pension; within reasonable time. The Head Office of the Bank of India addressed a communication to Mr.Pandya vide letter dated 03/04/2008 copy whereof was received by the Zonal Office of Bank of India on 05/04/2008; but unfortunately Mr.Pandya received the said letter on 10/04/2008. This letter indicates that the payment of the pension is released as per MOS and that too within the time frame limit.

2.3 That Mr.Pandya also preferred Special Civil Application No.8681 of 2008 before this Court and demanding revision in pension with the penal interest and in view of the statement made before this Court, the Bank agreed to re-fix the pension of Mr.Pandya from Rs.4165/- to Rs.5,647/- which was noted in the order dated 25/02/2009 and the arrears was promised to pay within one month. That, while passing the said order, the Court also observed that there is no deliberate delay on the part of the Bank of India in not granting the pension and the net effect of the said observation is denial of the penal interest on the delayed payment.

2.4 Review application being Misc. Civil Application No.2545 of 2010 was filed unsuccessfully by Mr.Pandya.

2.5 While not stopping there, Mr.Pandya availed the remedy by filing Letters Patent Appeal No.2857 of 2010 before this Court challenging the order dated 25/02/2009; however he still remained unsuccessful.

2.6 During pendency of the aforesaid litigation, the Regional Labour Commissioner (Central), Ahmedabad requested the Bank of India to provide the names of the Officials of the Bank working in the specified Zone, as also particulars and whereabouts of the Officer were also asked and provided.

2.7 That in spite of the specific observations made