IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15196 of 2002 M.RIZVI & ANR Versus STATE OF BIHAR & ORS ----------- 7. 3.9.2010. Heard Sri B.K.Sinha, learned senior counsel appearing for the petitioners and the learned A.P.P. for the State. This petition succeeds on the ground that the prosecution was initiated for non-compliance of the terms of award passed by the Labour Tribunal, Patna on 24.7.1995. It appears that C.W.J.C. no.226 of 1998 was filed by the petitioner and an order was passed by this Court which is Annexure-9 to the present petition on 19.1.2000 directing the Labour Tribunal to consider the application which could be filed by the present petitioners before it for examining the challenge set up against the award passed by it, as passed without the knowledge of the petitioners and behind their back. It appears that the Labour Tribunal, Patna in the light of the above direction of this Court passed an order on 30th of January, 2003 which is Annexure-13 to the supplementary affidavit filed today and set aside the award dated 24.7.1995 as it was passed without valid service on the Rose Bud School, Srikrishnapuri in Reference Case No.14 of 1994. As may appear from the complaint petition the award which was set aside by Annexure-13 and its non-compliance 2 was the basis for prosecution. Now that the award has itself been set aside as passed ex-parte without the knowledge of the petitioners and behind their back, there could not be any reason for sustaining the present prosecution as there ought not have been any ground for compliance of the terms of the award. The petition as noted above succeeds and the whole prosecution which was initiated by passing the order on 9.12.1999 in Complaint Case No.1739(m)of 1999 is hereby quashed. B.Kr. ( Dharnidhar Jha, J.)