Abbott Healthcare Pvt. Ltd Thro ... vs State Of Gujarat on 19 February, 2021

[Cites 3, Cited by 0]

Gujarat High Court

Abbott Healthcare Pvt. Ltd Thro ... vs State Of Gujarat on 19 February, 2021

Bench: B.N. Karia

        R/CR.MA/3122/2021                                ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 3122 of 2021
==========================================================
 ABBOTT HEALTHCARE PVT. LTD THRO SHAILENDRA SINGH PAWAR
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance: MR KM PATEL, SENIOR ADVOCATE WITH MR.VARUN
K.PATEL(3802) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2,3
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================
 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
                    Date : 19/02/2021
                      ORAL ORDER

By way of present application, applicants have prayed to quash and set aside the complaint being Criminal Case No.104 of 2019 (Old Criminal Case No.4770 of 2017) dated 07.10.2017 filed by respondent no.2 against applicants before the learned Judicial Magistrate First Class, Anand (which is transferred and currently pending before the learned Labour Court, Anand) for an offence punishable under Section 29 read with Section 32 of the Industrial Disputes Act, 1947 on account of the alleged noncompliance of the award of Labour Court dated 06.08.2016 in Reference (LCA) No.106 of 2014 in breach of Section 18(3) read with Section 17A(1) of the I.D. Act.

Heard learned advocate for applicants.

It is submitted by learned advocate for applicants that the applicantcompany has challenged the said award of the learned Page 1 of 2 Downloaded on : Sun Feb 21 05:05:56 IST 2021 R/CR.MA/3122/2021 ORDER Labour Court by way of writ petition being Special Civil Application No.4964 of 2017 before this Court. That the said writ petition was filed by the applicantcompany before this Court on 14.02.2017 and this Court by an order dated 22.03.2017 had issued notice in the aforementioned writ petition. That the aforesaid writ petition is thereafter admitted by this Court by order dated 19.08.2019 and this Court, by the aforesaid order dated 19.08.2019, has also granted the interim relief in terms of Para5(B) of the said petition. That complaint itself is not legal and valid for noncompliance of the award of the learned Labour Court dated 06.08.2016 in Reference (LCA) No.106 of 2014 in breach of Section 18(3) read with Section 17A (1) of the I.D. Act.

Issue requires consideration.

Hence, Rule, returnable on 16.04.2021. Learned APP waives service of notice of Rule for and on behalf of the respondentState.

Interim relief in terms of Para5(b) of the application is granted till the next date of hearing.

Registry is directed to send a copy of this order to the concerned police station/authority through fax or email forthwith.

(B.N. KARIA, J) rakesh/ Page 2 of 2 Downloaded on : Sun Feb 21 05:05:56 IST 2021

Unlock Advanced Research with PRISMAI

Gujarat High Court