Lordship mahadevan speech
https://youtu.be/_zvPRUu-Lbw
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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.1249 of 2020 and. Accordingly, the respondents are directed to pass favourable orders on the representation of the petitioners, within a period of two months from the date of receipt of a copy of this order, failing which, it is open to the petitioners, apart from approaching this Court (dehors the orders of this Court), to initiate criminal proceedings against the officers concerned, who are liable to implement the orders of the Authority in terms of provisions of Tamil Nadu Industrial Establishment (Conferment of permanent status to Workmen) Act, 1981. It goes without saying that if any complaint is made by the petitioners, criminal action should be taken against the officers, who are responsible for implementing the order, and the Government will have to sanction prosecution against those persons to bring the issue into logical end. The Government shall also take into account the principles laid down in the decision of the Apex Court in the case of Rajkumar Gupta vs. Lt. Governor, Delhi reported in 1997 (1) LLJ 994. Even though the yardstick enunciated therein is applicable to cases falling under the provisions of the Industrial Disputes Act, the same principle is applicable to cases under the Act, 1981 for prosecuting the criminal offences. Once the prosecution is launched, the appropriate criminal court is expected to take up the matter and it shall proceed with the matter on a day-to-day basis without adjourning the matter beyond fifteen working days at any point of time so as to bring the issue to a logical end. The presence of the Officer, who has not complied with the order of the Court, must appear before the Criminal Court in all the hearings and the presence shall not be dispensed with by any Criminal Court, unless it is a case of hospitalization or death in the family (documentary proof to be produced) and the genuineness of hospitalization can be verified by the concerned Criminal Court. The main reason for directing the presence of the Officer before the Criminal Court is to make them realize the pain and suffering undergone by the employees, who have been litigating before Courts for years together in order to get justice and owing to non-compliance of the orders of this Court by the Officers concerned, the employees are made to face economical death, which is worse than criminal offences on account of the act
by Sekar Reporter · Published February 11, 2021
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COMMON COUNTER AFFIDAVIT FILED BY THE tasmac 5th RESPONDENT in mhc
by Sekar Reporter · Published May 14, 2020
