Allowed

Prem Sagar Mishra Alias P S Mishra v. the State of Jharkhand and Anr.

Jharkhand HC3 Nov 2023Cr.M.P./359/2014

Case brief

AI extract

What is this about?

This court quashed criminal proceedings initiated in Dhanbad for offences under the Industrial Disputes Act. The court held that the order of taking cognizance was defective and mechanical, given a pending High Court decision regarding exemption for Coal India subsidiaries and blank spaces in the order.

What did the court decide?

The criminal proceeding, including the order taking cognizance dated 02.08.2013, for offences under Sub-Sections 31(2) and 32 of the Industrial Disputes Act, 1947, has been quashed.

Prem Sagar Mishra Alias P S Mishra Vs the State… — Writ and Judicial Review | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 359 of 2014

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Prem Sagar Mishra

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@ P.S. Mishra ..... … Petitioner

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Versus

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The State of Jharkhand.

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Shrdha Shrivastava, Labour Enforcement Officer (Central), Baghmara, Bokaro. ..... … Opposite Parties

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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-----For the Petitioner : Mr. Anoop Kumar Mehta, Advocate. : Mr. Manish Kumar, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. Pawan Kumar Pathak, C.G.C. ------

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05/ 03.11.2023 Heard Mr. Anoop Kumar Mehta, learned counsel appearing for the petitioner and Mr. Pawan Kumar Pathak, learned C.G.C. appearing for the O.P. No. 2.

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This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 02.08.2013, by which, cognizance for the offence under Sub-Sections 31(2) and 32 of the Industrial Disputes Act, 1947 has been taken against the petitioner, in connection with ID Case No. 239 of 2013, pending in the court of learned SDJM, Dhanbad.

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Complaint Case was filed by the O.P. No. 2, alleging therein:-

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(a) Under sub section 1 of section 3 of the ID Act, 1947 read with Rule 38 of Industrial Dispute (Central) Rules, 1957 Works Committee is to be constituted at Barora Area No. 1 of BCCL.

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(b) The General Manager, Kusunda Area by a letter dated 12.05.2011 was requested to constitute a Works Committee under the provisions of section 3 (1) of the ID Act, 1947.

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(c) The General Manager, Barora Area BCCL failed to reply to the letter dated 12.05.2011 and accordingly a Show cause notice dated 17/20.06.2011 was issued to him.

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(d) The General Manager by his letter dated 31.12.2012 informed that he has not constituted a Works Committee as they already have Consultative committee, Safety Committee, welfare committee etc.

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(e) Under the provisions of Section 3 (1) of the ID Act the accused

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person is responsible for constituting a Works Committee as he is engaging more than 100 workers.

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(i) That in spite of notices issued to the accused person the management of Barora Area of BCCL has not constituted a Works Committee in terms of section 3 (1), the accused person has committed an offence punishable u/s 31 (2) and 32 of the ID Act, 1947 and hence the written complaint.

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Mr. A.K. Mehta, learned counsel appearing for the petitioner submits that if any cause of action for penalty is made out under the Industrial Disputes Act, the provision is under Sections 31 and 32 of the said Act. He submits that the Coal India Limited and its subsidiaries is working in several States that is why the said order was challenged by one of subsidiary company of Coal India before the Madhya Pradesh High Court for exemption under section 36(B) of the Industrial Disputes Act and the Madhya Pradesh High Court allowed the petition and directed the Government of India to reconsider the case of exemption. He further submits that he has no instruction as to whether further any order has been passed by the Government of India or not.

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Mr. Pawan Kumar Pathak, learned counsel appearing for the Union of India submits that the learned court has rightly taken the cognizance.

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In view of the above, it is an admitted fact that the Madhya Pradesh High Court [Annexure-4 to the petition] has allowed the petition under section 36(B) of the Industrial Disputes Act and remanded the matter to the Government to take fresh decision. Either of the parties are not in a position to inform whether any further order has been passed by the Government of India or not. Looking into the order taking cognizance dated 02.08.2013, it appears that this order is not in accordance with law. The word ‘cognizance’ and transferee court has been filled up in blank space which suggests non-application of judicial mind. It appears that the learned court taken the cognizance in a mechanical way.

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In view of the above facts, reasons and analysis, the criminal proceeding including the order taking cognizance dated

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02.08.2013, by which, cognizance for the offence under Sub-Sections 31(2) and 32 of the Industrial Disputes Act, 1947 has been taken against the petitioner, in connection with ID Case No. 239 of 2013, pending in the court of learned SDJM, Dhanbad, are hereby, quashed.

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This petition is allowed and disposed of. Pending I.A., if any, stands disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Amitesh/-

Prem Sagar Mishra Alias P S Mishra v. the State of Jharkhand and Anr.

Case brief

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What did the court decide?

Prem Sagar Mishra Alias P S Mishra v. the State of Jharkhand and Anr.

Case brief

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What did the court decide?

What the court decided

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