1978 (8) TMI 240 - HC - Indian Laws

Summary

Issues:
Challenge to the dismissal of a complaint under Section 29 of the Industrial Disputes Act, 1947 by the State on the grounds of limitation.

Analysis:
The judgment revolves around the dismissal of a complaint under Section 29 of the Industrial Disputes Act, 1947 by a Magistrate on the basis of being barred by limitation. The case involved a workman whose services were terminated, leading to an industrial dispute and subsequent award by the Labour Court directing reinstatement and payment of back wages. The award was published on 2nd January, 1975, and became enforceable on 1st February, 1975. The complaint against the employer under Section 29 was filed on 26th June, 1976, beyond the one-year limitation period prescribed under Section 468(2)(b) of the Code of Criminal Procedure, 1973. The Magistrate dismissed the complaint based on this limitation issue.

The judgment delves into the legal provisions governing the enforcement of awards under the Industrial Disputes Act. An award made by an adjudication authority must be published within 30 days of its receipt by the appropriate Government, as per Section 17 of the Act. Once published, the award becomes final and enforceable after 30 days, as stipulated in Section 17A. The employer is obligated to reinstate the workman as directed by the award within this timeframe, and failure to do so may lead to prosecution under Section 29. The judgment clarifies that the act of reinstatement is a one-time obligation and is to be completed by the employer on the 31st day after the publication of the award.

A key aspect addressed in the judgment is the interpretation of when an offence under Section 29 is deemed to have been committed. The judgment contrasts with a Madras High Court ruling, emphasizing that the enforceability of an award does not mandate immediate compliance by the employer within 30 days. The appropriate Government holds the authority to postpone the enforceability of an award under certain circumstances. Consequently, an employer cannot be deemed to have committed an offence under Section 29 within the initial 30-day period post-award publication if reinstatement is not carried out within that timeframe. The judgment underscores the importance of understanding the nuances of award enforcement timelines and employer obligations under the Industrial Disputes Act to determine the commencement of the limitation period for prosecution under Section 29.