Bombay High Court
Sanjay Shalikrao Patil vs State Of Mah. Thr. Its Secy. ... on 4 September, 2017
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION NO.393/2010
Sanjay Shalikrao Patil,
aged 40 years, Occ. Nil,
r/o Deulgaon Raja, Tq. Deulgaon,
Raja, Dist. Buldana. .....APPLICANT
...V E R S U S...
1. State of Maharashtra through its
Secretary, Ministry of Water Resources
Development, Fort, Mumbai-32.
2. Superintending Engineer,
Buldana Irrigation Project Circle,
Buldana, dist. Buldana.
3. Subhash Dhondiba Chandsure,
Executive Engineer, Minor Irrigation
Division No.11, Chikhli, dist. Buldana,
Now Deulgaon Raja, Dist. Buldana.
4. Vitthal Waman Charate,
SDO Minor Irrigation, Sub Division,
Deulgaon Raja, Dist.Buldana. ..NON APPLICANTS
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Mr. M. R. Johrapurkar, Advocate for applicant.
Mr. I. Damle, A.P.P. for non applicant no.1-State
Mr. P. B. Patil, Advocate for non applicant no.2.
Mr.N.A. Padhye, Advocate for non applicant nos.3 and 4.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 04.09.2017
ORAL JUDGMENT
1. By this application, the applicant is before this Court
challenging the order passed by the learned Judge, labour Court,
Buldana dated 14.08.2008 in Criminal ULP No.1/2008 by which
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the complaint is dismissed by the learned Judge, Labour Court for
want of sanction under Section 197 of the Code of Criminal
Procedure in view of the law laid down by this Court in N. G.
lawankar and Ors. Vs. Anil D. Garad; 2007 (5) Mh.L.J. 214, an
application seeking permission to give sanction was rejected by the
State vide order dated 15.01.2009.
2. I have heard Mr. Johrapurkar, learned counsel for the
applicant, Mr. I. Damle, learned A.P.P. for non applicant no.1,
Mr.P. B. Patil, learned counsel for non applicant no.2 and Mr. N.R.
Padhye, learned counsel for non applicant nos. 3 and 4.
3. Complaint ULPA (Cri) No.1/2008 was dismissed by the
learned Judge, Labour Court for want of sanction under Section
197 of Code of Criminal Procedure. The complaint was primarily
dismissed in view of the law laid down by this Court in N.J.
Lawankar, supra. It is brought to my notice decision of this Court
in Bhagwan Trimbak Deokar, Ahmednagar & Ors. Vs. Zill Parishad,
Ahmednagar; 2011 III CLR 196 in which Lawankar's case
was considered by Division Bench of this Court. After considering
the said, following are the observations of the Division Bench of
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this Court:
"The provisions of Section 197 of the Code cannot be
imported into the M.R.T.U. & P.U.L.P. Act. Sanction is to
be obtained under Section 197 of the Code for
prosecuting a public servant who has committed an
offence. Disobedience of an order of the Labour Court or
the Industrial Court may not be strictly speaking an
offence."
After discussing the various other reported cases, the
Division Bench found that the provisions of Section 197 of the
Code cannot be read into the provisions of MRTU & PULP Act for
dealing with a case of contempt.
4. In view of the Division Bench Decision in Bhagwan
Trimbak Deokar, supra, in my view, the impugned order dated
14.08.2008 cannot stand to the scrutiny of law. However, the
Criminal ULP No.1/2008 is not decided by the learned Judge,
Labour Court on its own merit. Therefore, the case will have to be
remitted back by quashing the said order. Insofar as the order
dated 15.01.2009, in my view, no orders are necessary since in
view of the decision of the Division Bench sanction is not at all
necessary. Consequently, following order is passed.
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ORDER
(i) Criminal Application No.393/2010 is allowed.
(ii) Judgment and order dated 14.08.2008 in
Criminal ULP No.1/2008 is hereby remitted back to
the file of Learned Judge, Labour Court, Buldana for
decision and disposal in accordance with law, after
giving full opportunity to the parties to the said
complaint.
(iii) Since, the matter is old one, it is expected from
the learned Judge, Labour Court to decide the same as
early as possible and not later than one year from the
date of receipt of the order.
(iv) In view of the decision of the Division Bench of
this Court, order dated 15.01.2009 passed by the State
is inconsequential.
Rule is made absolute in the above terms.
JUDGE
kahale
