Arun Kumar Shukla vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding against the petitioners in connection with  Complaint  Case No.  344 of 2023 including the order dated 04.08.2023 passed by the learned Additional Chief Judicial Magistrate, Ghatshila whereby and where under the learned Additional Chief Judicial Magistrate, Ghatshila held that  a prima  facie  case  under  Section  29  of  the  Industrial  Disputes  Act, 1947 is made out against the petitioners.

The brief fact of the case is that the petitioners alleged to have committed the offence punishable under Section 29 of the Industrial Disputes Act, 1947 as they have not implemented the award passed by the Central Government Industrial Tribunal (CGIT) No.1, Dhanbad in Reference Case No. 13 of 2017 dated 28.09.2022. On the basis of the complaint filed by the complainant-State represented through Labour Enforcement Officer (Central) Barbil (Orissa), the learned Additional Chief Judicial Magistrate, Ghatshila has found prima  facie  case  and  taken  cognizance  of  the  offence  punishable  under Section 29 of the Industrial Disputes Act, 1947 inter alia against the petitioners.

Learned counsel for the petitioners relies upon the judgment of a Co-ordinate Bench of this Court in W.P.(L) No. 406 of 2023 dated 11.03.2025 and submits that the said award passed by the Central Government Industrial Tribunal (CGIT) No.1, Dhanbad in Reference Case  No.  13  of  2017  dated  28.09.2022,  has  been  set  aside  and  the  case has been remitted back to the Industrial Tribunal to consider the matter.  It  is  next  submitted  that  since  the  award  has  already  been  set aside, the question of its implementation of the same does not arise; therefore, the continuation of the criminal proceeding against the petitioners will amount to abuse of process of law. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand fairly submit that the award for non-implementation of which, cognizance was taken against the petitioners, has been set aside.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that since admittedly, the award for non- implementation of which, the prosecution was lodged against the petitioners, has already been set aside. The question of the same being implemented does not arise.

Under  such  circumstances,  this  Court  is  of  the  considered  view that the continuation of the criminal proceeding against the petitioners will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal proceedings against the petitioners in connection with Complaint Case No. 344 of 2023 including the order dated 04.08.2023 passed by the learned Additional Chief Judicial Magistrate, Ghatshila, be quashed and set aside qua the petitioners only.

Accordingly, the entire criminal proceedings against the petitioners in connection with Complaint Case No. 344 of 2023 including the order  dated 04.08.2023 passed by the learned Additional Chief Judicial Magistrate, Ghatshila, is quashed and set  aside qua the petitioners only.

In the result, this Criminal Miscellaneous Petition is allowed.