This criminal revision petition under Section 397 r/w 401

of Cr.P.C. is filed by the accused challenging the order of

conviction and sentence passed by the Additional CJM,

Bengaluru District, Bengaluru in C.C.No.1484/2010 dated

01.08.2012 and the judgment and order dated 03.10.2013

passed by the Principal Sessions Judge, Bengaluru Rural

District, Bengaluru in Crl.A.No.62/2012.

2.

Heard the learned counsel for the petitioner and

also perused the material available on record.

3.

The facts leading to filing of this petition briefly

narrated are:

The respondent had filed a private complaint against the

petitioner alleging that the amount due to a workman by name

A.Augustin under the award passed by the Additional Labour

Court in Reference No.83/1992 was not paid by the petitioner

to the workman or to his legal representatives after his death.

4.

It is the contention of the complainant that the said

award had attained finality and the same is binding on the

petitioner and in spite of the same, the petitioner has failed to

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pay the amount due under the said award to the workman or

his legal representatives. It is under these circumstances, a

private complaint was filed by the respondent-complainant

against the petitioner for the offence punishable under Section

29 of the Industrial Disputes Act (for short 'ID Act'). In the said

case, the trial Court by its judgment and order dated

01.08.2012, convicted the petitioner for the offence punishable

under Section 29 of the ID Act and sentenced petitioner to

undergo imprisonment for a period of six months and directed

to pay a fine of Rs.5,000/- and since the offence is continuing

one, the petitioner was directed to pay penalty of Rs.200/- per

day from the date of conviction till filing of the petition and in

default of payment of fine, he was directed to undergo simple

imprisonment for a period of six months.

5.

The appeal filed by the petitioner against the said

judgment

and

order

of

conviction

and

sentence

in

Crl.A.No.62/2012 was dismissed by the Principal Sessions

Judge, Bengaluru Rural District, Bengaluru on 03.10.2013. It is

under this factual ground, the petitioner is before this Court in

this revision petition.

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6.

Learned counsel for the petitioner submits that

though the petitioner was all along ready to pay/deposit the

amount covered under the award, the legal representatives of

the deceased workman had not come forward and therefore,

they were not in a position to pay the amount covered under

the award. He submits that after exploring all the possibilities

to make the payment to the legal representatives of the

deceased workman, during the pendency of this revision

petition, the amount covered under the award with penalty has

been deposited by the petitioner before the II Additional Labour

Court, Bengaluru in Reference No.83/1992. He submits that in

the said proceedings, the petitioner has deposited a sum of

Rs.4 lakhs by way of Demand Draft dated 15.03.2023 drawn in

favour of the Presiding Officer, II Additional Labour Court,

Bengaluru and he has also produced an acknowledgment

signed by the Sheristadar of the II Additional Labour Court,

Bengaluru for having received the aforesaid Demand Draft on

16.03.2023. He submits that having regard to the fact that the

amount covered under the award is now completely paid by the

petitioner, a lenient view may be taken in the matter of

sentencing the petitioner.

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7.

Section 29 of the ID Act reads as follows:

"29. Penalty for breach of settlement or

award.— Any person who commits a breach of any

term of any settlement or award, which is binding

on him under this Act, shall be punishable with

imprisonment for a term which may extend to six

months, or with fine, or with both 2[and where the

breach is a continuing one, with a further fine which

may extend to two hundred rupees for every day

during which the breach continues after the

conviction for the first] and the Court trying the

offence, if it fines the offend