w w w . L a w y e r S e r v i c e s . i n



M/s. Dell International Services India Pvt. Ltd., Rep. by its Authorised Signatory Abraham Koshy & Sreekumar Kadavath v/s Sudhir Brahma


Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED [Active] CIN = U74999KA1996FTC055568

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED [Amalgamated] CIN = U72200KA2000PTC027352

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- DELL INDIA PRIVATE LIMITED [Amalgamated] CIN = U72900KA2003PTC032926

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- SERVICES INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC075146

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- INTERNATIONAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC075007

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- INTERNATIONAL SERVICES PVT LTD [Active] CIN = U51311WB1955PTC022281

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- SUDHIR INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U17290RJ2013PTC042101

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    Writ Petition Nos. 23188 C/w 23189 of 2019 & 30033 of 2018 (L-Res)

    Decided On, 09 January 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MRS. JUSTICE S. SUJATHA

    For the Petitioner: K.R. Krishnamurthy, Advocate. For the Respondents: A.J. Srinivasan, Clifton D Rozario, Advocates.



Judgment Text

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 22.03.2019 passed by the Presiding Officer, II Additional Labour Court, Bangalore in Ref No.44/2015 on I.A.No.5 [produced at Annexure-A] and further be pleased to dismiss the I.A.No.5 filed by the respondent [produced at Annexure-K]; and etc.,)1. These petitions involving similar and akin issues, have been heard together and are disposed of by this common order.2. The respondent-Sudhir Brahma was appointed as a Storage Development Principal Engineer with effect from 15.07.2013 by the management – M/s.Dell International Services India Pvt. Ltd. The management terminated the employment of the respondent –workman with effect from 28.01.2015. The respondent raised a dispute before the Labour Commissioner challenging the termination of his employment claiming to be a workman. The Government of Karnataka by its order dated 20.08.2015 has referred an Industrial Dispute to the Labour Court, the respondent filed his claim petition inter alia seeking prayer for setting aside his termination and also sought for reinstating him in his original post with full back wages, continuity of service and all other consequential benefits.3. During the course of trial, the respondent-workman was examined himself as WW-1 on 30.05.2017. After completion of recording the evidence, the deposition print out was handed over to the witness to read and sign to the deposition. It is the contention of the management- M/s. Dell International Services India Pvt. Ltd., that the authorized representative of the management and his counsel had left the court hall while the witness was reading the deposition. Thereafter, the workman had inserted two words i.e., “Original” and “Document” in the said evidence recorded by the Court. Hence, the management has filed an application I.A.No.3 to delete the word “Original” allegedly added at para 47 of the deposition dated 30.05.2017 by the workman.4. Subsequently, the management has filed I.A.No.4 under section 340 of Cr.P.C. and sought for initiation of proceedings against the workman for the commission of offence of fabricating false evidence by manipulating the evidence recorded by the Court. The workman has also filed an application [I.A.No.5] under Section 340 read with Section 195 of the Cr.P.C., and sought to initiate action against Sreekumar Kadawath S/o Sreedhar.H.R. Generalist authorized representative of the petitioner management company for the offences punishable under Sections 199, 200 and 209 of the IPC.5. The learned Presiding Officer of the Labour Court passed an order keeping in abeyance all the pending application with an observation that the pending I.As will be heard along with the main matter and posted the case for further cross-examination. The petitioner filed a memo requesting the Court to pass an order at least on I.A.No.3 for removal of the additions. On hearing on I.A.No.3, the Labour Court disposed of the said I.A holding that the request of the management to delete the word “Original” shall be kept in abeyance since the issue involved in I.A.No4 and I.A.No5 requires to be decided. Being aggrieved by the same, the management has filed W.P.No.30033/2018. This Court vide order dated 27.07.2018 while issuing rule, stayed further proceedings Reference No.44/2015 pending on the file presiding Officer, II Additional Labour Court, Bengaluru until further orders expect on I.A.Nos.4 and 5 and directed the Labour Court to proceed further in the disposal of I.A.Nos.4 and 5 on merits. In compliance with the order passed by this Court, the Labour Court has disposed of I.A.Nos.4 and 5 vide common order dated 22.03.2019. Being aggrieved by the same, w.PNos.23188/2019 and 23189/2019 are filed by the Management.6. Learned counsel for the management would submit that the Labour Court has posted the matter for enquiry on I.A.Nos.4 and 5 by the respective parties after considering the arguments advanced by both the parties. It is contended that the Labour Court has no jurisdiction to hold an enquiry under Section 340 read with Section 195 of the Cr.P.C. The Labour Court ought to have referred the matter to the learned Magistrate for enquiry. Learned counsel inviting the attention of this Court to objections filed to I.A.No.4, submitted that the workman has admitted the commission of the offence. It is categorically submitted that the workman and their counsel identified certain errors and on consultation with the management-first party, corrected the same. In such circumstances, it was obligatory on the part of the Labour Court to refer the matter to the learned Magistrate to hold an enquiry in terms of Section 340 of Cr.P.C. Learned counsel placed reliance on the following rulings:1. Pritish V/s State of Maharashtra and Other, [2002] 1 SCC 2532. Amarsang Nathaji, as himself and as Karta and Manager V/s Hardik Harashabhai Patel and Others, [2017] 1 SCC 113.7. Learned counsel appearing for the workman would submit that the Labour Court posted the matter for holding preliminary enquiry on I.A.Nos.4 and 5 in terms of section 340 of Cr.P.C. The Court is not bound to make a complaint regarding the commission of an offence referred to Section 195 [1][b] in each and every case. In order to refer the matter to the learned Magistrate to hold an enquiry under Section 340 of Cr.P.C., a preliminary enquiry has to be conducted by the Court to hold that it is expedient in the interest of justice that enquiry should be made into any of the offences referred to in Section 195[1][b]. This expediency will normally be judged by the Court by weighing not the magnitude of injury suffered by the person affected but considering the effect of that offence upon administration of justice. Learned counsel placing reliance on the judgment of the Hon’ble Apex Court in the case of Iqbal Singh Marwah and another V/s.Meenakshi Marwah Another, reported in [2005] 4 SCC 370 as well as the decision of the Hon’ble High Court Of Delhi in the case of Indraprastha Power Generation Co. Ltd., V/s.Faheem Baig and Others, reported in [2015] 148 DRJ 167, made an endeavor to justify the order impugned.8. Having heard the learned counsel for the parties and perusing the material on record, it is not in dispute that the allegations and counter allegations are made between the management and the workman inasmuch as the insertion of the words “Original” and “Document” in the evidence recorded by the Labour Court on 30.05.2017. On filing of I.A.No.3 for deleting of the said word “Original” in the deposition recorded on 30.05.2017, the management has filed I.A.No.4 under section 340 of Cr.P.c. to refer the matter to the learned magistrate to hold an enquiry. Similarly, the workman has also filed I.A.No.5 under section 340 of the Cr.P.C to refer the matter to the learned magistrate alleging offences against the management.9. The main contention of the learned counsel for the management is that in view of the admission made by the workman that the words “original” and “Document” were inserted in the deposition of the witnesses recorded by the Labour Court on 30.05.2017 with the consent of the management, is suffice to refer the matter to the learned Magistrate under Section 340 of Cr.P.C and no further enquiry as such is required. This argument would have been accepted by this Court if the Court was required to consider only on I.A.No.4 filed by the management but in view of the I.A.No.5 filed by the workman making certain allegations against the management, it is incumbent on the Labour Court to hold preliminary enquiry in the matter to arrive at a decision whether the matter requires to be referred to the learned Magistrate under Section 340 of Cr.P.C for holding an enquiry. In this regard, it is apt to collate the legal position as rendered by the Hon’ble Courts on this issue.10. In the case of Amarsang Nathaji supra, the Hon’ble Apex Court has observed thus:“7. In the process of formation of opinion by the court that it expedient in the interests of justice that an inquiry should be made into, the requirement should only be to have prima facie satisfaction of the offence which appears to have been committed. It is open to the court to hold a preliminary inquiry though it is not mandatory. In case, the court is otherwise in a position to from such an opinion, that it appears to the court that an offence as referred to under Section 340 of the CrPC has been committed, the court may dispense with the preliminary inquiry. Even after forming an opinion as to the offence which appears to have been committed also, it is not mandatory that a complaint should be filed as a matter of course. (See Pritish v. State of Maharashtra and Others [(2002) 1 SCC 253].”11. In the light of this judgment, it is clear that the requirement of holding a preliminary enquiry is not mandatory in case the Court is otherwise in a position to from such an opinion that it is necessary that an offence as referred to under Section 340 of C.P.C has been committed, the Court may dispense with the preliminary inquiry.12. In the case of Pritish supra, the Hon’ble Apex Court has observed thus:“16. Be it noted that the court at the stage envisaged in Section 340 of the Code is not deciding the guilt innocence of the party against whom proceedings are to be taken before the magistrate. At that stage the court only considers whether it is expedient in the interest of justice that an inquiry should be made into any offence affecting administration of justice. In M.S. Sheriff and anr. Vs. State of Madras and ors. (AIR 1954 SC 397) a Constitution Bench of this Court cautioned that no expression on the guilt or innocence of the persons should be made by the court while passing an order under Section 340 of the Code. An exercise of the court at that stage is not for finding whether only offence was committed or who committed the same. The scope is confined to see whether the court could then decide on the materials available that the matter requires inquiry by a criminal court and that it is expedient in the interest of justice to have it inquired into”13. In terms of the said judgment, it is not in dispute that the scope of exercise of the Court at the stage of considering the application under Section 340 of the Code is not for finding whether any offence was committed or who committed the same. The scope is confined to see whether the Court could then decide on the materials available that the matter requires inquiry by a Criminal Court.14. In the case of Iqbal Singh Marwah supra, the Hon’ble Apex Court has held thus:“23. In view of the language used in Section 340 Cr.P.C. the court is not bound to make a compliant regarding commission of an offence referred to in Section 195(1))b), as the Section is conditioned by the words “Court is of opinion that it is expedient in the interest of justice.” This shows that such a course will be adopted only if the interest of justice requires and not in every case. Before filing of the compliant, the Court may hold a preliminary enquiry and record a finding to the effect that it is expedient in the interests of justice that enquiry should be made into any of the offences referred to in Section 195(i)(b). This expediency will normally be judged by the Court by weighing not the magnitude of injury suffered by the person affected by such forgery or forged document, but having regard to the effect or impact, such commission of offence has upon administration of justice. It is possible that such forged document or forgery may cause a very serious or substantial injury to a person in the sense that it may deprive him of a very valuable property or status or the like, but such document may be just a piece of evidence produced or given in evidence in Court, where voluminous evidence may have been adduced and the effect of such piece of evidence on the broad concept of administration of justice may be minimal. In such circumstances, the Court may not consider it expedient in the interest of justice to make a complaint. The board view of clause (b)(ii), as canvassed by learned counsel for the appellants, would render the victim of such forgery of forged document remedyless. Any interpretation which leads to a situation where a victim of a crime is rendered remedyless, has to be discarded.”15. The aforesaid judgment indicates that the exercise under Section 340 of the Code will be adopted only if the interest of justice requires and not in every case before filing of the complaint, the Court may hold a preliminary inquiry and record a finding to that effect. Further, it is held that the holding of a preliminary inquiry normally is not made during pendency of the proceedings before the Court and this is done at the stage when the proceedings are concluded and the final judgment is rendered. Though the learned counsel for the management made an attempt to distinguish this case, contending that the said judgment was rendered in the context of interpretation of Section 195[1][b][ii] of the Code and he same has no applicability to the facts of the present case, the same cannot be countenanced for the reason that the Hon’ble Apex Court elaborately considered the language used in Section 340 of the Code and the interpretation is given with respect to Section 340 of the Code vis-a vis 195[1][b] of the Code especially, the scope

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of Section 340 of the Code and its application.16. The Hon’ble High Court of Delhi in the case of Indraprastha Power Generation Co.Ltd., supra referring to the judgment of the Hon’ble Apex Court in the case of Rumini Ammal V/s. Narayana Reddiar [2007] 12 SCC 611 and the case of vishal Kapoor V/s. Sonal Kapoor[DDA No.322/2014, D.D 02.09.2014], has held that complaint under Section 340 of Cr.P.C would be adjudged by the Court by weighing not the magistrate of injury suffered by the person affected by such forgery or forged document, but having regard to the effect or impact such commission of offence has upon administration of justice.17. In the light of the aforesaid judgments, it cannot be held that holding a preliminary enquiry by the Labour Court on I.A.Nos.4 and 5 to record a finding to the effect, whether in the interest of justice such an enquiry should be made into the alleged offences by weighing the impact of such commission of offence on the administration of justice is unjustifiable. Posting the matter for enquiry on I.A.Nos 4 and 5 cannot be construed as a final enquiry but it is only a preliminary enquiry which is a decision making procedure to refer the matter to the learned Magistrate for holding an enquiry under Section 340 of Cr.P.C.In the circumstance and for the reasons aforesaid, the orders impugned cannot be held to be untenable. Hence, the writ petitions, stand dismissed.In view dismissal of the writ petitions, all the pending I.As stand dismissed.
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