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Management Of Peerless General Finance ... vs Jugal Kishore Rath And Anr. on 18 March, 2002

On the other hand, Sri Sahoo, learned counsel appearing for the opposite party submitted that non-compliance of a direction to reinstate is a continuing offence and therefore limitation as prescribed under Section 468 Cr.P.C. has no application. He relied upon a decision of the Karnataka High Court reported in 1999 LIC 2364 (Management of M/s Naga Theatre, Bangalore V. R. Raja), and another decision of Kerala High Court reported in 1987(2) LLJ 38 (Trichur Urban Co-op. Bank Ltd. v. District Labour Officer) and decision of the Apex Court reported in AIR 1964 SC 1522 (South Indian Bank Ltd. v. R. Chandra).

The Tamil Nadu State Transport vs V.Arumugasamy .. 1St on 6 December, 2017

10. In this connection, this Court pertinently points out that strictly speaking, the award of the Labour Court, Madurai dated 14.07.2009 passed in I.D.No.267 of 2001, should have been implemented by the Appellants/Respondent Nos.1 and 2 as per Section 29 of the Industrial Disputes Act, 1947. It cannot be gainsaid that non-implementation of an 'Award' by an employer is a continuous offence as per the decision reported in (2001) III LLJ (Suppl.) Page 1083 (Management of Naga Theatre v. Sri R.Raja) .
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