IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3287 of 2005 --------------------------------------- ST.604/2004 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER/ACCUSED: S.A.S.NAVAS, SECRETARY, REGIONAL SPORTS CENTRE, ELAMKULAM ROAD, COCHIN-20. BY ADV. SRI.ANTONY DOMINIC SRI.A.M.SHAFFIQUE (SR.) RESPONDENTS/COMPLAINANT AND STATE: 1. REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKARA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- Crl.M.C.No.3287 of 2005 ----------------------- ORDER Petitioner is the accused in S.T.No.604/04 on the file of the Chief Judicial Magistrate's Court, Ernakulam, registered on the basis of Annexure-B complaint filed by the Regional Joint Labour Commissioner under Section 34 of the Industrial Disputes Act for offence under Section 29 of the Act. The prayer in this Crl.M.C. is to quash the proceedings in the case for the reason that against the implementation of the award passed by the Industrial Tribunal stay had been obtained from this Court in W.P.(C)No.13697/04 and therefore, Annexure-B complaint is not maintainable in law. It is seen that the complaint was filed on 24.1.2004. When the offence is complete by non compliance of the award under Section 29 of the Industrial Disputes Act, 1947, stay was obtained only on 27.5.2004, after the complaint was filed. When an offence is complete under Section 29 of the CRMC 3287/05 2 Industrial Disputes Act and a complaint is filed in the matter, obtaining a stay against the implementation of the award on a subsequent date will not render the offence already completed as being not an offence. Hence, the prayer to quash the proceedings in S.T. No.604/04 is not liable to be allowed. However, stay had been obtained from the writ petition filed assailing the award against the implementation of the award. But, no stay had been obtained from proceeding with trial of S.T.No. 604/04. In the circumstances, I dispose of this Crl.M.C. ordering that proceedings in S.T.No.604/04 pending on the file of the Chief Judicial Magistrate's Court, Ernakulam will stand stayed till the disposal of and subject to the result of W.P.(C)No.13697/04 aforesaid. 29th October, 2008 (K.P.Balachandran, Judge) tkv