Limitation for non-compliance with reinstatement awards starts when the award becomes enforceable, not when it is published.

Non-compliance with an award directing reinstatement under the Industrial Disputes Act gives rise to an offence under Section 29 only when the award becomes enforceable after 30 days from publication under Section 17A. Because reinstatement is a one-time obligation, breach occurs on the day enforceability begins if the employer has not reinstated the workman. For limitation purposes, the date of offence is therefore the date of enforceability, not the earlier date of publication. As Section 29 is punishable with imprisonment up to six months, cognizance is subject to the one-year limitation period under the Code of Criminal Procedure. On the stated facts, the complaint was filed after expiry of limitation.

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Issues: Whether the complaint for breach of an award directing reinstatement under the Industrial Disputes Act was barred by limitation under the Code of Criminal Procedure, 1973, and when the offence under Section 29 of the Industrial Disputes Act, 1947 is committed in such a case.

Analysis: An award under Section 17 of the Industrial Disputes Act, 1947 becomes enforceable only after the expiry of 30 days from its publication under Section 17A. The obligation to reinstate a workman is a one-time obligation, and the employer is required to perform it on the day the award becomes enforceable. If reinstatement is not made on that day, the breach occurs then, and the date of offence for limitation purposes is the date when enforceability begins, not the earlier date of publication. Since an offence under Section 29 is punishable with imprisonment for six months, the limitation period under Section 468(2)(b) of the Code of Criminal Procedure, 1973 is one year from the date of offence under Section 469. On the facts, the complaint was filed after expiry of that period.

Conclusion: The complaint was barred by limitation, and the dismissal of the complaint was in law.

Final Conclusion: Non-implementation of a reinstatement award does not attract Section 29 before the award becomes enforceable, and criminal limitation begins from the date the enforceable obligation is first breached.

Ratio Decidendi: For an offence under Section 29 of the Industrial Disputes Act, 1947 arising from non-compliance with an award of reinstatement, the breach occurs when the award becomes enforceable under Section 17A, and the limitation period for cognizance runs from that date.

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