1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Writ Petition No. 18/2011 Narendra Krushnarao Poyam V/s. Chhaganlal Tulshiram Rathi and anr. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Mr. V. M. Deshpande, counsel for petitioner Mr. J. P. Kothari, advocate for respondent No. 1. Mr. D. B. Yengal, AP for respondent no. 2. Coram: A.P. Bhangale, J Dated : 10th June 2011 1. Heard learned counsel for the parties. Applicant who is accused no. 1 in Criminal Complaint (ULPA) No. 7/2009, before the Labour Court, vide his application Exh. C-26, prayed for his discharge from the said proceedings. However, learned Judge, Labour Court, Bhandara, by order dated 4th October 2010, rejected the said application and it is this order of rejection which is subject matter of this writ petition. 2. Learned counsel for petitioner submits that the respondent has initiated criminal proceedings against the 2 petitioner with malafide intention. Learned counsel further contends that the Labour Court has failed to note the conduct of the respondent no. 1 which is unbecoming of Government servant. 3. Learned counsel for respondent no. 1 has supported the impugned order. He contends that if at all there is no disobedience of the order of Industrial Court, petitioner would get exonerated on merit. However, he can not certainly be discharged on his bare statement that he did not commit any disobedience. 4. Observation of the learned Labour Court that Section 258 of the Criminal Procedure Code has no application to cases instituted upon complaints, is correct. Whether the order of Labour/Industrial Court was duly complied with and there was no disobedience at all is a question to be decided on merits and at the interim stage the same could not have been resolved by the Labour Court. Petition is accordingly dismissed. Considering the summary nature of criminal complaint, it is expected that the Labour Court shall dispose of the entire proceedings finally at it’s earliest. JUDGE sgp