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2015 Supreme(Jhk) 627

H.C.MISHRA
Bharat Coking Coal Limited – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s Anoop Kumar Mehta, Amit Kumar Sinha
For the State: Mr. Pankaj Kumar, A.P.P.

Judgment

H.C. Mishra, J.

Heard learned counsel for the petitioners and learned counsel for the State. No one appears on behalf of the opposite party No.2, though it appears that counter affidavits have been filed on behalf of opposite party No.2.

2. The petitioners have prayed for quashing the order dated 29.4.2006 passed by learned Chief Judicial Magistrate I/c, Dhanbad, in I.D. Case No. 85 of 2006, whereby the cognizance has been taken against the petitioners and other officials of Bharat Coking Coal Limited, for the offence under Section 29 of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act”), for non-implementation of the Award in question. The petitioners have also prayed for quashing the entire criminal proceeding against them in the said case.

3. The petitioners are the Bharat Coking Coal Limited, through its Company Secretary, and the Director (Personnel) of the said Company, and they have challenged the impugned order, as also the entire criminal proceeding against them, taking a short point that they are not the persons responsible for implementation of the Award within the meaning of Section 29 of the said Act.

4. It is submitted by learned counsel for

























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