JUDGMENT

DR. D.P. CHOUDHURY, J. - Challenging has been made to the order of taking cognizance under Sections 25-R (2) read with Section 25-O(2) of the Industrial Disputes Act, 1947 (hereinafter called “the Act”) and issuance of process against the petitioner.

2. The factual matrix leading to the case of the prosecution is that the petitioner was the Director of M/s. Ballarpur Industries Limited (hereinafter called ‘BILT’). State of Orissa in Labour Department made complaint that on 18.12.2002 the establishment of the petitioner sent notice to the State Government seeking permission to close its undertaking in terms of Section 25-0 of the ct read with Orissa Industrial Disputes Rules, 1959 (hereinafter called “the Rules”). Since within sixty days of receipt of the said notice by the State Government, no permission was received, the establishment of the petitioner issued notification to close the same with effect from 31.3.2003. But the State Government alleged that before the period of sixty days is over, the establishment of the petitioner issued notice of closure of the institution for which petitioner being the Director of the organization is liable under Section 25-R (2) of the