COCP No. 2200 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 2200 of 2010 (O&M) Date of decision:- 30.11.2010 Phool Chand ......petitioner vs. Sh. Jatinder Pal Singh ......respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Phool Chand, petitioner-in person HEMANT GUPTA, J (ORAL) The grievance of the petitioner is that the Assistant Labour Commissioner Ludhiana has not passed any final order on a complaint lodged by the petitioner under Section 25(U) of the Industrial Disputes Act, 1947 (for short the 'Act'). The petitioner has alleged the unfair labour practice disclosing an offence under Section 25T of the Act and punishable under Section 25 U of the Act. It is stated by the petitioner that the Assistant Labour Commissioner earlier issued a notice to the Management but the Management has not appeared before the Assistant Labour Commissioner. It is further stated that the Assistant Labour Commissioner has forwarded the matter to the Court and not passed the order itself. A perusal of the Section 25 T and 25 U read with Section 34 of the Act would show that no Court shall take cognizance of an offence punishable under the Act or of an abetment of any such offence except on a complaint made by or under the authority of an appropriate Government. Therefore, the Assistant Labour Commissioner has no power to conclude COCP No. 2200 of 2010 -2- the proceedings against the Management under Section 25U of the Act. The Assistant Labour Commissioner is an authority of the appropriate Government. Such authority was required to lodge a complaint to the Court which he has already done. In view of the said fact, it cannot be said that the order passed by this Court has not been complied with. Petition is dismissed. (HEMANT GUPTA) JUDGE 30.11.2010 preeti