CRIMINAL MISCELLANIOUS No.13652 OF 2004 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** SHAUKAT ALI KHAN S/O MD. KHALIL KHAN THE THEN CHAIRMAN, MITHILA KASHETRIYA GRAMIN BANK PRESENTLY POSTED AS CHAIRMAN, SIWAN KSHETRIYA GRAMIN BANK, SIWAN, P.S. SIWAN DIST. SIWAN --------------------------(Appellant) Versus 1. THE STATE OF BIHAR 2. LABOUR ENFORECEMENT OFFICER (CENTRAL)PATNA 3. RAMU MOCHI, S/O NATHUNI MOCHI AT PRESENT POSTED AT MITHILA KSHETRIYA GRAMIN BANK, KACHAHARI ROAD, LAHERIA SARAI, DIST. DARBHANGA. -----------------------(Respondents) ************ For the Petitioner : Mr. Ajay Thakur Mr. Md. Imteyaz Ahmad Mr. Dhananjay Kumar For the State : Matloob Rab App. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. This is an application for quashing the entire G.O. Case No. 67/2000 pending before the learned Chief Judicial Magistrate, Darbhanga including the order dated 22.7.2000 by which cognizance under section 29 of Industrial Disputes Act, 1947 has been taken. 2. On 5.12.2005 this court noted the argument of the counsel for the petitioner that the award could not be given effect to on account of a stay in CWJC no. 5485 of 1999 and therefore, the petitioner was not liable for prosecution under the Industrial Disputes Act. Notices were issued to the newly added opposite party no. 3 the employee who appeared before this court and filed a counter affidavit. On 7.3.2006 the application was admitted for hearing with stay of further proceedings in the court below. 3. The case of the complainant i.e. the Labour Enforcement Officer is that the petitioner as chairman of Mithila Kashetriya Gramin Bank had failed to honour the award in regard to the opposite party no. 3 and was therefore liable for prosecution under Section 29 of the Industrial Disputes Act, 1947. The counsel for the petitioner has pleaded that in fact the opposite party no. 3 has now been reinstated in service as is evident from his counter affidavit filed before this court and therefore there is no thing left to be implemented in his regard and therefore the continuance of the proceedings is gross abuse of the process of the court. 4. In view of such, this application is allowed and the entire proceedings of G.O. Case No. 67/2000 including the order dated 22.7.2000 pending before the C.J.M. Darbhanga is hereby quashed. 5. Application stands allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 19th July, 2010 NAFR/ Fahad.