Allowed

M/S Tata Steel Ltd. And Ors. v. State of Jharkhand And Anr.

Jharkhand HC5 Feb 2019Cr.M.P./383/2011

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against Tata Steel Limited for offences under Sections 29 and 32 of the Industrial Disputes Act after filing affidavits confirmed the payment of settled amounts to the aggrieved workman, Ganesh Rai.

What did the court decide?

Quashing of Complaint Case No.C/2-414 of 2010 and the order dated 2nd June, 2010 taking cognizance of offences under Sections 29 and 32 of the Industrial Disputes Act, 1947.

M/S Tata Steel Ltd. And Ors. Vs State of Jharkhand And Anr. — Cheque Dishonour | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No.383 of 2011

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With

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I.A. No.9966 of 2018

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M/s. Tata Steel Limited.

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B. Muthuraman.

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Om Narayan. .......... Petitioners.

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-Versus-

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The State of Jharkhand through the Secretary, Department of Labour, Employment and Training, Nepal House, Doranda, Ranchi.

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Labour Superintendent, Office of the Deputy Labour Commissioner, Jamshedpur.

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.......... Opp. Parties.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioners : Mr. Manish Mishra, Advocate For the State : A.P.P. ----- Order No.05 Date: 05.02.2019

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The present criminal miscellaneous petition has been filed for quashing the order dated 2^nd June, 2010 passed by the learned Chief Judicial Magistrate, Jamshedpur in Complaint Case No.C/2-414 of 2010, whereby the cognizance of offences under Sections 29 and 32 of the Industrial Disputes Act, 1947 has been taken against the petitioners.

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Learned counsel for the petitioners submits that the management of Tata Steel Limited being aggrieved by the award dated 24^th June, 2008 passed by the learned Presiding Officer, Labour Court, Jamshedpur in Ref. Case No.61 of 2000 preferred a writ petition before this Court, being W.P.(L) No.1903 of 2009, wherein the impugned award dated 24^th June, 2008 was stayed by a Bench of this Court vide order dated 6^th January, 2010. However, subsequently on 29^th May, 2010 a prosecution was launched against the petitioners under Sections 29 and 32 of the Industrial Disputes Act, 1947. It is further submitted that the said writ petition filed by the management of Tata Steel Limited was thereafter disposed of by a Bench of this Court vide order dated 28^th April, 2017, keeping in view the terms of settlement dated 18^th

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-2-

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March, 2017 arrived at between the management of Tata Steel Limited and Ganesh Rai- the concerned workman. A copy of the order dated 28^th April, 2017 passed in the said writ petition has been annexed as Annexure-3 to I.A. No.9966 of 2018. It is further submitted that on perusal of the order dated 28^th April, 2017, it would appear that the management of Tata Steel Limited had agreed to pay the settled amount to Ganesh Rai-concerned workman within 30 days as incorporated in paragraph-9 of the terms of settlement. A supplementary affidavit to that effect has been filed on behalf of the petitioners giving the details of payment made to said Ganesh Rai in terms with the settlement.

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Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State. The petitioners were granted two weeks’ time to file supplementary affidavit vide order dated 18^th January, 2019 stating as to whether the agreed amount has already been paid to Mr. Ganesh Rai-the concerned workman. In pursuance of the said order, a supplementary affidavit has been filed on behalf of the petitioners, paragraph nos.7 and 8 of which read as under:

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“7. That it is stated and submitted that, in terms of the said settlement, the following are the details of the payments have been made to the workman Mr. Ganesh Roy:-

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(a) Salary/Wages/Allowances = Rs.16,25,000/-; (b) Gratuity = Rs.8,84,197/-

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(c) Tax deducted on total payment of Rs.1,26,781/-

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8. That it is stated and submitted that the above amount of Rs.23,82,416/- has been paid through cheque bearing number 553641 dated 18^th May, 2017, by depositing the same in the Axis Bank Account No.:012010100046825, Jamshedpur, of Mr. Ganesh Roy on 22^nd May, 2017.”

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On perusal of the aforesaid facts stated in the supplementary affidavit

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filed on behalf of the petitioners, it appears that total amount of Rs.23,82,416/- on different heads has been paid to Ganesh Raiconcerned workman through cheque bearing no.553641 dated 18^th

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-3-

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May, 2017 on depositing the same on 22^nd May, 2017 in the bank account of Ganesh Rai maintained with Axis Bank.

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Thus, considering the fact that the management of Tata Steel limited has paid the agreed amount in pursuance of the settlement entered with Ganesh Rai-concerned workman, the continuance of Complaint Case No.C/2-414 of 2010 will serve no useful purpose. Accordingly, the entire criminal proceeding arising out of Complaint Case No.C/2-414 of 2010, pending in the court of learned Chief judicial Magistrate, Jamshedpur, including the order dated 2^nd June, 2010 taking cognizance of the offences under Sections 29 and 32 of the Industrial Disputes Act, 1947 against the petitioners is hereby quashed.

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The present petition is, accordingly, allowed.

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I.A. No.9966 of 2018 stands disposed of.

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(Rajesh Shankar, J.)

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Sanjay/

M/S Tata Steel Ltd. And Ors. v. State of Jharkhand And Anr.

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M/S Tata Steel Ltd. And Ors. v. State of Jharkhand And Anr.

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