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2008 Supreme(Jhk) 368

R.R.PRASAD
Kedar Nath Mukhopadhyay – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

R.R. Prasad, J.

1. This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceedings of I.D. Case No. 169 of 2003 initiated against the petitioners including the order dated 25.2.2003 whereby and whereunder cognizance of the offences under Section 29 of the Industrial Disputes Act, 1947 has been taken against the petitioners and some others.

2. As per the case of the complainant [a Labour Enforcement Officer (Central) Katrasgarh, Dhanbad] an award was passed on 19.2.2001 by the Central Industrial Tribunal, Dhanbad in reference No. 26 of 1993 whereby Management of M/s. Bharat Coking Coal Limited was directed to regularize the services of Lal Babu Singh and 17 others within 30 days from the date of publication of the award. But the petitioner No. 1 being Company Secretary and the petitioner No. 2 being the Director (P&P) nominated owner of M/s. Bharat Coking Coal Limited and other persons responsible in terms of Section 32 of the Industrial Disputes Act for the implementation of the award, did not implement the award and thereby they violated the provision of Section 18 read with Section 32 of the Industrial Disputes













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