When the employer is punished once under section 29 and 32 for non-compliance of the award, he cannot be prosecuted again for the same offence. - The Industrial Disputes Act, 1947
Principle of Criminal jurisprudence is that if a party does not obtain a favourable order and challenges the same in the Court of law, he has no right to initiate second complaint on the same cause of action. Second complaint on the same cause of action is hit by the principle of double jeopardy as the same person will be prosecuted twice over for the same of offence. Section 29 of the Industrial Disputes Act, 1947 provides prosecution of the party who does not make compliance of award of the competent court or settlement in labour disputes/matters.
-Swapan Ghosh vs. State of West Bengal & Others. 2017 (Cal. H.C.)
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