AIR 2002 SUPREME COURT 53 ::2001 AIR SCW 4596 ::2002 LAB. I. C. 111 ::2002 Lab LR 1 ::2001 (3) CurLR 1042 ::(2002) ILR (Kant) (1) 280 ::(2001) 91 FacLR 1215 ::2002 (1) SCC 477 ::2002 SCC (L&S) 146 ::(2001) 2 LabLJ 1644 ::(2001) 7 Scale 497 ::(2002) 1 All WC 113 ::2002 (1) MadLJ80 ::2002 (1) LabLN 692 ::(2002) 1 AndhLD 79 ::2002 (1) ServLR 104 ::(2002) 1 UPLBEC 386 ::2001 (8) Supreme 43 ::2002 (2) SLT 259 ::2001 (99) FJR 650 ::(2001) 9 JT 309 (SC) ::2001 (9) JT 309

Supreme Court Of India

(From : Karnataka )*

Hon'ble Judge(s): D. P. Mohapatra, K. G. Balakrishnan , JJ

Industrial Disputes Act (14 of 1947) , S.34— Sanction for prosecution - Grant of - Material facts to be considered - Award passed by Labour Court directing @page-SC54appellant-company to reinstate workmen with continuity and full back-wages - Failure of appellant-company to implement award - Contempt petition filed by workmen dismissed with the observation that the remedy under Section 29 or Section 33-C of the Act was available to the workmen - Thereupon, Workers' Union sought sanction of the Government for prosecution of the appellant-company - The Labour Commissioner exercising power under Section 34 of the Act prima facie satisfied that there was violation of provisions contained in Act, gave sanction to the Workers' Union to launch proceedings as against the management - No illegality - Contention that company was already closed and factory licence was suspended and land owned by company was donated to charitable trust - And, therefore, company is not in a position to implement award - Can be raised by company in their defence in proceedings launched. (Para 3 6 8) .....