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2002 Supreme(Jhk) 275

M.Y.EQBAL
Bharat Coking Coal Limited – Appellant
Versus
Union Of India – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. Heard Mr. M. Rohtagi learned senior Counsel appearing for the petitioner and Mr. P.K. Prasad learned Counsel appearing for the respondents and in view of the question of law involved in this writ application the same is disposed of with the consent of the parties at the admission stage.

2. The petitioner M/s Bharat Coking Coal Limited has prayed for issuance of appropriate writ in the nature of certiorari for quashing notices issued by the respondent Assistant Labour Commissioner whereby he has called upon the Chairman-cum- Managing Director and Secretary of the Company besides other officers to show-cause as to why legal action for their prosecution under Section 29 of the Industrial Disputes Act be not taken against them for the alleged violation of the Settlement and the award passed by the Labour Court and the Tribunal.

3. The grievance of the petitioner Company is that the Assistant Labour Commissioner(C) Dhanbad has adopted a trend by lodging prosecution case Under Section 29 of the Industrial Disputes Act, 1947 (in short, the Act.) in which apart from naming other officers of the Company, they are deliberately impleading the Chairman-cum-Managing Direc












































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