Yugal Sikri vs State Of UP 2024 INSC 597 – Ss 29, 34 Industiral Disputes Act- Grant Of Authority

Industrial Disputes Act, 1947; Section 34- The grant of authority under Section 34(1) is a condition precedent for filing a complaint under Section 34(2) of the ID Act. The authority granted under Section 34(1) must be in respect of a specific offence for which a complaint is intended to be filed- While exercising power under Section 34(1) of the ID Act of granting authority, there is a complete non-application of mind. If such authority is issued without any application of mind, the very object of providing a safeguard in the form of Section 34(1) will be frustrated. The object of the provision is to prevent frivolous complaints from being filed. Grant of authority is not an empty formality. (Para 10)

Industrial Disputes Act, 1947; Section 29 – Section 29 is applicable when any person commits a breach of any term of any settlement or award binding on him under the ID Act. Therefore, in the complaint alleging the commission of an offence punishable under Section 29 of the ID Act, there must be a specific averment regarding the existence of a settlement or award binding on the accused under the ID Act and how the same has been breached. (Para 6)

Code Of Criminal Procedure, 1973; Section 200– The object of recording a statement of the complainant under Section 200 of the Cr.PC is to bring the truth on record. (Para 7)

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