IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.08.2009 CORAM: THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.O.P.No.11391 of 2007 and M.P.Nos.1 & 3 of 2007 1.K. Srinaath 2.K.Srikkanth 3.K.Bharath Kumar .. Petitioners Versus Inspector of Labour, Tiruvellore. .. Respondent Petition filed under Section 482 Cr.P.C to call for the records and quash the proceedings in C.C.No. 97 of 2006 on the file of the Learned Chief Judicial Magistrate at Thiruvellore. For Petitioner : Mr.A.Ramesh, Senior Counsel for Ram and Ram For Respondent : Mr.R.Muniappa Raj Govt.Advocate (Crl.side) ORDER The above Criminal Original Petition No.11391 of 2007 has been filed by the petitioners/Accused No.1,2 and 4 to call for the records and quash the Proceedings in C.C.No.97 of 2006 on the file of the learned Chief Judicial Magistrate at Thiruvellore. 2. The Respondent/Complainant has filed the complaint in C.C.No.97 of 2006 before the Chief Judicial Magistrate, Thiruvellore, stating that the accused have failed to pay the money to the workers within 13.04.1998 as per the 12(3) Settlement dated 02.03.1998, before the Deputy Commissioner of Labour, Chennai-6. By non- implementation of the said Settlement, the accused had committed an offence punishable under Section 29 of the Industrial Disputes Act, 1947. Hence, the Government of Tamil Nadu have accorded sanction to https://hcservices.ecourts.gov.in/hcservices/ prosecute the above accused and authorised the complainant to make the complaint before the said Government. Accordingly, the complainant initiated proceedings against the accused persons and the same has been taken by the learned Magistrate on his file on C.C.No. 97 of 2006. 3. Now, the petitioners/accused Nos.1,2 & 4 have filed the Criminal Original Petition No.11391 of 2007 challenging the same on the below mentioned grounds. 4. The 1st petitioner has filed an affidavit supporting the above said petition and mentioned the details about the exact dates and events which occurred between the management and employees. 5. The petitioner contended that the company by name Adithya Leather Exports Limited was having its business at three places namely Industrial Estate, Ambattur, Vadapalani and Arumbakkam. The 1st petitioner was managing the affairs of the company and other petitioners are Directors of the company. Due to financial problems, the company was closed on 27.05.1996. So, the Directors resigned from the Board of Directors and the company had filed Form-32 with the Registrar of Companies with effect from 30.04.1998. In the meantime, the employees numbering 432 arrived at a settlement with the management on 02.03.1998. The Company could not comply with the said settlement within the stipulated period as per agreement. On 12.06.1998, the Deputy Commissioner of Labour issued notice demanding the settlement dues to the workers. Subsequently, the Labour Department initiated the prosecution case with the permission of the Government. The Directors, who had resigned, moved a writ petition before this Honourable Court, seeking a quashment of the Government Notification dated 24.05.1999. 6. The petitioner further stated that the management was able to convince the workers and arrive at a fresh settlement and a full and final settlement has been arrived at and the same has been complied with by the management. Originally, the complaint was filed before the Judicial Magistrate, Ambattur in S.T.C.No. 191 of 2000, and the same has been transferred and renumbered as C.C.No.97 of 2006 to the Chief Judicial Magistrate, Thiruvallur. 7. The petitioner stated that they have filed a detailed typed set of papers and proved their case that the matter has been wholly settled. As such, the complaint in C.C.No. 97 of 2006 is not maintainable. 8. This Court has gone through the ingredients of the complaint, affidavit of the petitioner, grounds of the petition, and typed set of papers, and also have heard the arguments advanced by the learned Senior Counsel Mr.A.Ramesh for the petitioner and the learned counsel Mr.R.Muniappa Raj for the State. The Court is of the view that the https://hcservices.ecourts.gov.in/hcservices/ petitioner has settled the dues to the employees on 30.06.2001 for which the settlement proof has also been filed. Hence the case in C.C.No. 97 of 2006 has got to be quashed. Accordingly, it is quashed. Therefore, the Criminal Original Petition No.11391 of 2007 is allowed. Connected Miscellaneous Petitions are closed. mps/mra Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. Inspector of Labour, Tiruvellore. 2. The Public Prosecutor, High Court, Madras-104. + 1 CC to M/S Ram & Ram Advocate SR.43057 Crl.O.P.No.11391 of 2007 and M.P.Nos.1 & 3 of 2007 SSK(CO) VC(9.11.2009) https://hcservices.ecourts.gov.in/hcservices/