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Management of Peerless General Finance & Investment Co. Ltd. & Another v/s Jugal Kishore Rath & Others

    Criminal Appeal No. 853 of 2002

    Decided On, 01 April 2009

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE LOKESHWAR SINGH PANTA & THE HONOURABLE MR. JUSTICE B.SUDERSHAN REDDY

    For the Appearing Parties:........................



Judgment Text

Heard Learned Counsel for the parties.

Without going into the merits of the proceedings pending before the S.D.J.M. Sadar, Cuttack in 2(C) cc. No. 126/1996 whereby the Learned Magistrate had issued summons to the Appellant-Management for an offence under Section 29 of the Industrial Disputes Act, 1947 (hereinafter for short ‘I.D. Act’), we are not inclined to interfere with the impugned order of the High Court dismissing Crl. Misc. Case No. 3448/1996 filed by the Appellant-Management herein under Section 482 Cr.P.C. questioning the legality & validity of the order of the Trial Magistrate. The appeal has no substance at this initial stage of the criminal proceedings. However, the observation of the High Court holding the complaint filed by the District Labour Officer to be within limitation, is left open for consideration & decision of the Trial Magistrate. The Appellant-Management is at liberty to raise all contentions permissible to it under law before the Trial Magistrate, who shall decide the complaint on its own merits uninfluenced by the dismissal of this appeal or any observation made by the High Court in the impugned order. The questions whether the complaint is within limitation & whether the Award passed by the Labour Court has been implemented by the Appellant-Manageme

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nt in its entirety are left open for consideration of the Trial Judge. The appeal is dismissed in the above said terms. No order as to costs.
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