RAJA KULKARNI Vs. STATE OF BOMBAY

JUDGEMENT

(1.) These consolidated appeals by the three appellants arise out of the judgment and order of the High Court of Judicature at Bombay (Bavdekar and Dixit, JJ.), where by the High Court confirmed the convictions of the appellants recorded by the Presidency Magistrate. Fifth Court, Greator Bombay, under Section 27 of the Industrial Disputes (Appellate Tribunal) Act (No. XI. VIII) of1950) but reduced their sentences from six months' rigorous imprisonment to three month's simple imprisonment and set aside against each of the appellant the sentence of fine of Rs. 1,000. The appellants are the President and the Secretaries of the Mill Mazdoor Sabba, a Union of Textile Workers in Bombay registered under the Indian Trade Union Act.

(2.) On December 9, 1949, the representative Union gave a notice of change under Section 42 of the Bombay Industrial Relations Act, 1946, hereinafter called the Act to the Mill Owners Association in Bombay claiming bonus for that year. On December 23, the dispute was referred by the Government of Bombay to the Industrial Court under Section 23 of the said Act. While this dispute was pending, the Industrial Disputes (appellate Tribunal) Act (No. XI. VIII of 1950) hereinafter called the Appellate Tribunal Act, came into force on May 20, 1950.

(3.) Two main contentions were raised on behalf of the appellants, firstly that the conviction under Section 27 of the Appellate Tribunal Act was illegal, because there was no competent and valid appeal against the award before the Appellate Tribunal and secondly that Section 27 of the Act is void as being opposed to the fundamental rights of the appellants under Article 19(1) (a) and (c), and 14 of the Constitution, Both the contentions were repelled by the two learned Judges who delivered separate but concurrent judgment. The contentions have been reiterated before us.