Jharkhand High Court
Rajendra Prasad Ritolia @ R.P. ... vs The State Of Jharkhand on 16 June, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1385 of 2012
Rajendra Prasad Ritolia @ R.P. Ritolia ..... .... ...Petitioner
Versus
1.The State of Jharkhand
2.Prabhat Kumar, Labour Enforcement Officer, (Central), Dehri Onsone
and Incharge, Daltonganj. .............. Opp. Parties.
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Amit Kumar Sinha, Advocate
For the State : Mr. Shailesh Kumar Sinha, A.P.P.
09/ Dated:-16.06.2023
1. Notices were issued upon the O.P. No.2. Notice upon O.P.
No. 2 has been validly served. By order dated 30.11.2022 the matter
was adjourned by way of last indulgence in anticipation of appearance
of O.P. No.2. However, today on repeated calls nobody appeared on
behalf of the O.P. No.2. Accordingly, this matter is being heard on
merit in absence of the O.P. No.2.
2. This petition has been filed for quashing the entire
criminal proceeding including order taking cognizance dated
20.10.2008 passed in C.G. Case No. 60 of 2008, pending in the Court
of learned Judicial Magistrate, Palamau.
3. Mr. Amit Kumar Sinha, learned counsel for the petitioner
submits that at the time of filing of the complaint the petitioner was
C.M.D. of CCL and now the petitioner has retired. He further submits
that by the award dated 16.03.2006 passed by the learned Central
Government Industrial Tribunal No. 1, Dhanbad the direction was
issued to reinstate and regularize the concerned workmen which was
challenged by the Management in W.P.(L) No. 2266 of 2007 and the
said writ petition was allowed vide order dated 11.05.2018 whereby
the award has been set aside. He further submits that the said order of
the writ court was challenged by the workmen in L.P.A. No. 513 of
2018 which was dismissed by order dated 21.01.2020. On these
grounds he submits that nothing survives and the entire criminal
proceeding may be quashed.
4. In view of above submission of the learned counsel for
the petitioner the Court finds that for non implementation of award in
question said case has been filed and the learned court has taken
cognizance under sections 32 of the Industrial Disputes Act, 1947.
Admittedly, the said award was challenged in W.P.(L) No. 2266 of 2007
which was allowed in favour of the Management and award was set
aside. The said order of the learned Single Judge was challenged in
L.P.A. No. 513 of 2018 and by judgment dated 21.01.2020 the said
L.P.A. was dismissed.
5. Web copy of W.P.(L) No. 2266 of 2007 and L.P.A. No. 513
of 2018 has been produced by the learned counsel for the petitioner
which is taken on record.
6. In view of the facts that for non implementation of award
the said case has been filed. The said award is not in existence now in
view of order passed by this Court. To allow the proceeding to be
continued will amount the abuse of process of law.
7. Accordingly, the entire criminal proceeding including order
taking cognizance dated 20.10.2008 passed in C.G. Case No. 60 of
2008, pending in the Court of learned Judicial Magistrate, Palamau, is
quashed. Pending I.A, if any, stands disposed of. Interim order is
vacated.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/-
