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1988 Supreme(Raj) 325

V.S.DAVE
Subrato Roy – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
Jagdeep Dhanker, for the Appellant
Ajit Bhandari, Advocate And S.H. Khan, for the Respondents

Judgment

V.S. Dave, J.-All the aforesaid cases are being disposed of by this common order as they arise out of non-implementation of the Award dated May 15, 1986 published on July 30, 1986 by the employer-petitioner.

2. Petitionershave filed this petition under Section 482, CrPC assailing the order dated July 16, 1988 whereby the learned Magistrate has taken cognizance for offence under Section 29 of the Industrial Disputes Act, 1947 against the petitioners on a complaint filed by non-petitioner No. 2 in each case. The basis of the complaint filed was that the services of the non-petitioner No. 2 were illegally terminated by the petitioners and they raised an Industrial Dispute. The matter was referred to the Labour Court and an award was passed in favour of the workman on May 15, 1986. This award came to be published on July 30, 1986 and as such it became enforceable under Section 17-A of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act, 1947’) with effect from August 30, 1986. Despite the fact that the award became enforceable, the petitioners though duty bound yet failed to comply with the directions contained in the award and as such the complainant non-pe












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