STATE OF BIHAR Vs. KRIPA SHAIKAR JAISWAL

JUDGEMENT

(1.) This is an appeal brought in pursuance of a certificate under Art. 134(1)(c) of the Constitution against the judgment and order of acquittal of the High Court of Patna.

(2.) There were certain disputes between the workmen and Management of Mankatha Distillery of which the proprietor is the respondent. On November 23, 1953, a petition was submitted on behalf of the workmen of the Distillery to the Assistant Labour Commissioner, Bhagalpur, which was signed by on Banarsi Choudhuri on behalf of himself and for and on behalf of the workmen of the Distillery. In this petition, certain grievances of the workmen were set out. Conciliation proceedings were started, and there was an agreement of December 5, 1953, which the High Court has described as 'some sort of agreement'.

(3.) On January 12, 1954, an application was made for the registration of the Union of the workmen of the Distillery under the Indian Trade Unions Act, and the same was registered on March 23, 1954, under the name and style of Mankatha Distillery Mazdoor Panchayat. The Distillery was closed and the workmen were discharged, and thereafter on February 19, 1954, the General Secretary of the Mankatha Distillery Mazdoor Panchayat, even tough it was not registered at the time, sent a letter to the Management, protesting against the discharge of the workmen without payment of compensation and objection to the intention of the employers to re-start the factory after employing other workmen. It was also stated therein that the workers who had been discharged, had been working for some years and a list of such workmen was attached to the letter. The following portion of the letter is relevant for the purposes of this appeal: