The High Court of Kerala dismissed a petition under Section 482 of Cr.P.C. seeking to quash prosecution proceedings for violation of an industrial award, rejecting arguments regarding procedural pendency and the petitioner's removal from office.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 21ST DAY OF JUNE 2019 / 31ST JYAISHTA, 1941
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AGAINST THE ORDER/JUDGMENT IN ST 2133/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM
PETITIONER/ACCUSED:
K.V.SHAJI, AGED 47 YEARS, SON OF KRISHNAN P.,EX-CHAIRMAN & MANAGING DIRECTOR, KERALA GRAMIN BANK,(ERSTWHILE SOUTH MALABAR GRAMIN BANK), KGB TOWERS, AK ROAD, MALAPPURAM-673 641, RESIDING AT SN SADANAM, MANGALTHKONAM, VENGANNUR, KATTACHAIKUZHY, THIRUVANANTHAPURAM-695 501.
BY ADVS. SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY
RESPONDENTS/COMPLAINANT & STATE:
1 LABOUR ENFORCEMENT OFFICER (CENTRAL), KENDRIYA SHRAM SADAN, OLIMUGAL, KAKKANAD, COCHIN-682 030.
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
Addl. P VISWANATHAN, R3 AGED 67 YEARS, S/O SANKARA PILLAI, ASWATHI, THIRUMUDIKKAL, AMARAMBALAM P.O., MALAPPURAM. (PRESIDENT OF THE EARSTWHILE SOUTH MALABAR GRAMIN(NOW KERALA GRAMIN BANK) BANK DEPOSIT COLLECTORS UNION.
Addl. KUNHI MUHAMMED, AGED 57 YEARS, R4 S/O ALAVI, NADUKANDIYIL KIZHISSERI, KUZHIMANNA P O, MALAPPURAM DISTRICT (GENERAL SECRETARY OF EARSTWHILE SOUTH MALABAR GRAMIN(NOW KERALA GRAMIN BANK)BANK DEPOSIT COLLECTORS UNION.
**_ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED 11.10.2018 IN CRL.M.APPL.NO.1/2018 IN CRL.M.C. NO.5170/2017_*
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BY ADVS. SRI.SUVIN R.MENON, CGC SRI.K.SASIKUMAR
OTHER PRESENT:
SRI. M.S.BREEZ SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The Labour Enforcement Officer (Central) has filed a complaint against the petitioner before the Judicial Magistrate of the First Class, Malappuram, which has been taken cognizance of by the court below and is pending as S.T.No.2133 of 2016. The prosecution has been initiated for violation of Section 29 of the Industrial Disputes Act, 1947 (for short, “the Act”). In this petition filed under Section 482 of the Cr.P.C., the prayer is to quash the above proceedings.
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deposit collectors, who were entitled to higher commission. The Central Government Industrial Tribunal-cum-Labour Court took evidence and passed an award on 18.06.2010 holding that 18 deposit collectors are entitled to get commission at the old rate of 3.5%. The said award was challenged by the Bank before a Division Bench of this Court and by judgment dated 12.08.2014, the same was dismissed. Special Leave Petition was filed before the Hon’ble Supreme Court and the same was also dismissed by order dated 12.01.2015. As the Bank failed in its endeavor to implement the award though their contentions were repelled by the highest court of the land, the award became enforceable with effect from 28.07.2010. Since no steps were taken to implement the award, the Assistant Labour Officer requested the Deputy Chief Labour Commissioner (Central), Cochin to accord sanction to file prosecution against the accused as per Section 29 of the Act. Sanction was accorded and thereafter, the subject complaint was filed.
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proceedings have been initiated under Section 33C(2) of the Act. In view of the above, the initiation of criminal proceedings on the ground of alleged breach of Annexure-A2 award cannot be sustained, contends the learned counsel. He would further contend that on and from 23.05.2017, the petitioner is not the Chairman and Managing Director of the Kerala Gramin Bank and in that view of the matter, he cannot be roped in for having committed the offence alleged. He would further urge that the criminal complaint is barred by limitation and this fact was not noted by the learned Magistrate prior to taking cognizance.
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impecunious circumstances. According to the learned counsel, by raising trivial grounds, the implementation of the award is being delayed by the petitioner and the learned counsel prays that this petition be dismissed.
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removal of the petitioner herein from his capacity as Chairman and Director from 23.05.2017 can be raised by the petitioner before the
learned Magistrate.
This petition will stand dismissed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
//TRUE COPY// P.A. TO JUDGE
Bka/22.06.2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF COMPLAINT DATED 26.12.2016 IN S.T.NO.2133 OF 2016 FILED BY 1ST RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM.
ANNEXURE 2 TRUE COPY OF AWARD DATED 18.6.2010 IN I.D.NO.13/2010 BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.
ANNEXURE 3 TRUE COPY OF REPLY LETTER NO.9/KGB/535/2016/IR DATED 26.9.2016 SUBMITTED BY GENERAL MANAGER, KERALA GRAMIN BANK TO THE ASSISTANT LABOUR COMMISSIONER (CENTRAL).
ANNEXURE 4 TRUE COPY OF CLAIM PETITION IN C.P.NO.4 OF 2016 DATED 12.5.2016 FILED BY WORKMEN BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.
ANNEXURE 5 TRUE COPY OF WRITTEN STATEMENT IN C.P.NO.4 OF 2016 DATED 23.3.2017 FILED BY KERALA GRAMIN BANK BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.
RESPONDENTS’ EXHIBITS:-NIL
2 issues framed by the court
Whether criminal proceedings for violation of an industrial award can be quashed pending proceedings under Section 33C(2) of the Industrial Disputes Act, 1947.
Whether the petitioner can be held liable for offences committed after his removal from the position of Chairman and Managing Director.
3 provisions across 2 enactments
K.V. Shaji
Labour Enforcement Officer (Central)
State of Kerala
Viswanathan
Kunhi Muhammed
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
