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    <title>2013 (8) TMI 1129 - MADRAS HIGH COURT</title>
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    <description>Vicarious criminal liability under Section 32 of the Industrial Disputes Act could not be imposed on directors or officers unless the company itself was arraigned as an accused and given an opportunity to defend. The court treated the company&#039;s prosecution as essential where liability for non-compliance with an award was founded on the company&#039;s own commission of the offence, since a finding of guilt behind its back would offend fair trial, natural justice, and Articles 14 and 21 of the Constitution. On that basis, the prosecution and conviction of the officers were held unsustainable, and the conviction and enhanced sentence were set aside.</description>
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      <description>Vicarious criminal liability under Section 32 of the Industrial Disputes Act could not be imposed on directors or officers unless the company itself was arraigned as an accused and given an opportunity to defend. The court treated the company&#039;s prosecution as essential where liability for non-compliance with an award was founded on the company&#039;s own commission of the offence, since a finding of guilt behind its back would offend fair trial, natural justice, and Articles 14 and 21 of the Constitution. On that basis, the prosecution and conviction of the officers were held unsustainable, and the conviction and enhanced sentence were set aside.</description>
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