Akhilesh Trivedi vs The State Of Jharkhand And Another
2021 Latest Caselaw 4526 Jhar

               IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2381 of 2021

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        Akhilesh Trivedi                                      ..... Petitioner
                                 --   Versus      --
        The State of Jharkhand and Another                    ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Kamal Nayan Choubey, Sr.Advocate Mr. Vinay Kr. Tiwary, Advocate For the State :- Mrs. Priya Shrestha, Spl.P.P For the U.I.O :- Mrs. Shresha Sinha, Advocate

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3/01.12.2021 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

The learned counsel appearing for the petitioner submits that for non-implementation of the award the complaint under section 29 of Industrial Disputes Act has been filed against the petitioner. He submits that although the company is made accused in the complaint petition, but cognizance has not been taken against the company. He further submits that mens rea is not disclosed in the complaint and that has not been dealt in the cognizance order also. He referred to Hulsbury's Law of England at Vol.9 at para-10. Now in the Industrial Disputes Act amendment has been taken place and sub-section 9 and 10 in Section 11 of the Industrial Disputes Act has been incorporated which speaks of execution of Award and transmit the same to Civil Court having jurisdiction. Inspite of that criminal case under section 29 of the Industrial Disputes Act has been initiated against the petitioner. It has been stated that the petitioner has already challenged that award in W.P.(L) No.3459 of 2018 wherein counter has been called by Union of India by order dated 14.12.2020 by the concerned court. He further submits that the case of the petitioner is fully covered in light of the judgment of the Division Bench in the case of Shanti Prasad Jain v. The State of Gujarat, 1979 BBCJ p.745.

The respondents are directed to file counter affidavit within four weeks.

There shall be stay of further proceeding in connection with Complaint Case No.2343 of 2018, pending in the court of learned S.D.J.M, Dhanbad, till the next date.

Post the matter on 02.03.2022.

( Sanjay Kumar Dwivedi, J) SI/