9911796707
TMI Blog1999 (10) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... to undergo simple imprisonment for three months and to pay a fine of ₹ 5,000/- under Section 25FFA read with 61AA of the Industrial Disputes Act by the learned Judicial Magistrate.' 3. The case of the complainant/respondent is as follows:- The Inspector of Labour. Trichy is the complainant. The revision petitioners are Directors of the Company M/s. Techno Alloys Private Limited. The complainant received a petition from Pudukottai District Engineering Workers union complaining about the closure of the company on 4.7.97 without prior notice as contemplated under Section 25FFA of the Industrial Disputes Act (Hereinafter referred to as the Act). On the basis of the above complaint, a show cause notice under Ex.P-2 was issued to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premises and that therefore, the provisions of ID Act would apply to this case. I see no error or infirmity in the above finding of the Courts below. Therefore, I hold that the petitioner's company will come under the provisions of Industrial Disputes Act. 7. The main contention of the revision petitioners is that the complaint is barred by limitation. Learned counsel for the revision petitioners contended that the trial court has not properly appreciated the question of limitation involved in this case. I see there is considerable force in the above contention of the revision petitioners. Under Section 30a of the Act, the maximum punishment that can be awarded on the Accused is 6 months or with fine, it is clear from Section 468 Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 34 of the Act States thus:- Cognizance of offence: No court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate Government. It is, this, clear from me above provision that the complaint can be straight away filed by or under the authority of the Government. 10. The revision petitioners relies upon a decision of the Bombay High Court reported in 1991 Cri.L.J. 1243. In the above decision, the Bombay High Court has held mat what is contemplated by Section 34(1) of me Act is that the complaint must be made by the appropriate Government or by some one under the authority of the appropriate Government and that it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , if the period spent for issue of notice and receipt of reply notice is excluded, the complaint filed by the complainant in the year 1995-96 is hopelessly barred by limitation. Thus, looked at from any angle, the contention of the complainant that the period spent by the complainant in obtaining the order from the Government has to be excluded from the period of limitation cannot be accepted. 12. It is, further, contended by the learned counsel for the revision petitioners that the company was not closed by the revision petitioners and that the admitted materials will show that the company was taken over by SIPCOT. The accused have marked Ex.D-1, the report of the Tahsildar. It is contended by the revision petitioners that they were for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that therefore, they ought to have given notice to the Government. As the company was taken over by SIPCOT with effect from a particular date, it cannot be said that the accused intended to close the unit. If that is so, the accused cannot be convicted for violation of Section 25FFA of the Act. As the company was not closed by the accused on their own accord, it is not incumbent on them to comply with the provisions of Section 25FFA of the Act. For the above reasons, I hold that the reasons assigned by the appellate Court for convicting the accused cannot be sustained. 13. In the result, the criminal revision case is allowed. The conviction and sentence imposed on the accused/revision petitioners are set aside. The fine amount if paid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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