Case Note & Summary
The petitioner, Rama Krishna, an ex-workman of SAIL-VISP, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 09.03.2020 passed by the Central Government Industrial Tribunal-cum-Labour Court (CGIT) in Miscellaneous Petition dated 19.02.2020. The petitioner had filed an application under Section 193 of the Indian Penal Code read with Section 340 of the Code of Criminal Procedure against the respondent, Uday Kumar Kulkarni, alleging that the respondent had filed a false affidavit and made a false statement in proceedings before the tribunal. The CGIT rejected the application as not maintainable. The High Court examined the matter and found that the application was filed on 19.02.2020, by which time the main proceedings in C.R.No.47/2011 before the CGIT had already been concluded. The Court held that Section 193 IPC can be invoked only at any stage of a pending judicial proceeding, and once the proceeding is concluded, the tribunal becomes functus officio and cannot entertain such an application. Therefore, the impugned order did not call for interference, and the writ petition was dismissed.
Headnote
A) Criminal Procedure - Maintainability of Application under Section 193 IPC - Functus Officio - Application under Section 193 IPC read with Section 340 Cr.P.C. filed after conclusion of main proceedings before CGIT - Held that such application is not maintainable as the judicial proceeding must be pending for invocation of Section 193 IPC, and the tribunal becomes functus officio after passing final order (Paras 3-4).
Issue of Consideration
Whether an application under Section 193 of IPC read with Section 340 of Cr.P.C. is maintainable after the main proceedings before the tribunal have been concluded and the tribunal has become functus officio.
Final Decision
The High Court dismissed the writ petition, holding that the application under Section 193 IPC read with Section 340 Cr.P.C. was not maintainable as the main proceedings before the CGIT had already been concluded, and the tribunal had become functus officio.
Law Points
- Application under Section 193 IPC can be invoked only at any stage of a pending judicial proceeding
- Tribunal becomes functus officio after passing final order
- Writ petition against order rejecting application in disposed matter is not maintainable
Case Details
2020 LawText (KAR) (07) 243
Writ Petition No.8687 of 2020(L-RES)
Aravind Kumar, Jyoti Mulimani
Ramakrishna (party-in-person)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of CGIT rejecting an application under Section 193 IPC read with Section 340 Cr.P.C.
Remedy Sought
Petitioner sought to set aside the order dated 09.03.2020 of CGIT rejecting his application and sought further relief.
Filing Reason
Petitioner alleged that the respondent had filed a false affidavit and made a false statement in proceedings before the tribunal, and the CGIT rejected his application as not maintainable.
Previous Decisions
CGIT rejected the application under Section 193 IPC read with Section 340 Cr.P.C. as not maintainable by order dated 09.03.2020.
Issues
Whether an application under Section 193 IPC read with Section 340 Cr.P.C. is maintainable after the main proceedings before the tribunal have been concluded and the tribunal has become functus officio.
Submissions/Arguments
Petitioner argued that the respondent had filed a false affidavit and made a false statement in proceedings before the tribunal.
Respondent's arguments are not mentioned in the judgment.
Ratio Decidendi
An application under Section 193 IPC can be invoked only at any stage of a pending judicial proceeding. Once the proceeding is concluded, the tribunal becomes functus officio and cannot entertain such an application. Therefore, the order rejecting the application as not maintainable does not call for interference.
Judgment Excerpts
The sum and substance of the grievance of the petitioner in this writ petition revolves around an application filed under Section 193 of IPC r/w Section 340 of Cr.P.C. against the respondent herein contending inter alia that false affidavit had been filed and also a false statement was made by the respondent in the proceedings before tribunal.
Firstly, the application has been filed in a disposed of matter namely, the subject application was filed on 19.02.2020, and as on the said date the proceedings before CGIT had already been concluded in C.R.No.47/2011; secondly, Section 193 of IPC can be invoked by a party at 'any stage of a judicial proceeding'. In other words, until and unless the judicial proceeding is pending, said application would not be maintainable; thirdly, tribunal becomes functus officio on passing of final order.
Procedural History
The petitioner filed an application under Section 193 IPC read with Section 340 Cr.P.C. before the CGIT on 19.02.2020. The CGIT rejected the application by order dated 09.03.2020 as not maintainable. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging the said order.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 193
- Code of Criminal Procedure, 1973 (Cr.P.C.): 340
- Constitution of India: 226, 227
