Allowed

M/s Excel Publishing House Ltd. v. State Of Bihar and Anr.

Patna HC20 Nov 2014CR. MISC./17911/2014

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The High Court quashed a criminal prosecution under PS Case No. -851 instituted by the Deputy Labour Commissioner. The quashing was granted to avoid multiplicity of proceedings since a Labour Court case regarding the same retrenchment relief was already pending, ensuring the employee receives relief through the civil forum. The order clarified that quashing this prosecution does not affect other p

What did the court decide?

The prosecution including the order of cognizance dated 19.8.1994 passed by the Chief Judicial Magistrate, Patna in Case No. 851(M) of 1994 is set aside.

M/s Excel Publishing House Ltd. Vs State Of… — Labour and Industrial Disputes | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17911 of 2014

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Arising Out of PS.Case No. -851 Year- 1994 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== 1. M/s Excel Publishing House Ltd. through its Director Prem Shanker R/o - Time House, Frazer Road, P.S. - Kotwali, Dist. - Patna. .... .... Petitioner/s Versus 1. The State of Bihar 2. Sri Rajendra Prasad Mandal, Deputy Labour Commissioner, Govt. of Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Ojha, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 20-11-2014 The Petitioner seeks quashing of the order of cognizance dated 19.8.1994 instituted by the Deputy Labour Commissioner, Patna, passed by the Chief Judicial Magistrate, Patna in Case No. 851(M) of 1994.

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The case of the Complainant is that a tripartite agreement had been entered between the organization and the labour union and others wherein it was undertaken by the company that they would not retrench its employees. However it retrenched 21 employees after due notice. Since the retrenchment was against the tripartite agreement, the present Complaint was instituted.

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It has been submitted that 19 out of 21 retrenched employees accepted their retrenchment, whereas only four persons agitated before the Labour Court, out of the rest four, three

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Patna High Court Cr.Misc. No.17911 of 2014 (3) dt.20-11-2014

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subsequently also accepted the retrenchment, only presently one of them is agitating his demand in the Labour Court proceeding which is still pending by Reference case No.88 of 1994. In the circumstances when a parallel proceeding for the same relief is pending the Petitioner prays that the present prosecution be quashed. The definite undertaking is that the Petitioner will not withdraw his responsibility on material facts that the persons retrenched were its employees or that he had retrenched them despite tripartite agreement.

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Considering such aspect of the matter, since this is a multiplicity of the proceedings and the remaining retrenched employee will get his relief from the Labour Court, the application is allowed and the proceeding including the order of cognizance dated 19.8.1994 passed by the Chief Judicial Magistrate, Patna in Case No. 851(M) of 1994 is hereby set aside.

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However, the quashment of the present proceeding shall have no bearing on other claims.

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(Anjana Prakash, J)

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Narendra/-

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U T

M/s Excel Publishing House Ltd. v. State Of Bihar and Anr.

Case brief

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M/s Excel Publishing House Ltd. v. State Of Bihar and Anr.

Case brief

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