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.), whereby the High Court confirmed the convictions of the appellants recorded by the Presidency Magistrate, Fifth Court, Greater Bombay, under section 27 of the Industrial Disputes (Appellate Tribunal) Act (No. XLVIII of 1950) but reduced their sentences from six months' rigorous imprisonment to three months' simple imprisonment and set aside against each of the appellants the sentence of fine of Rs. 1,000. The appellants are the President and the Secretaries of the Mill Mazdoor Sabha, a union of textile workers in Bombay registered under the Indian Trade Unions Act. It appears that there are about 2,10,000 textile workers working in Bombay and about 35 per cent. of them belong to three different labour unions. The first is called "rashtriya Mill Mazdoor Sangh" which is recognized as a "representative union" under the Bombay Industrial Relations Act, 1946, on the ground that it represents not less than 15 per cent. of such textile workers. The second is called "the Mill Mazdoor Sabha", of which the appellants are the office bearers, but this union represents less than 15 per cent. ; and the third is "girni Kamgar Union" representing the least percentage of workers. It is common ground that apart from the members of the above three unions, a large number of workers representing about 65 per cent. are unorganized and do not belong to any union.

(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. XLVIII of 1950) hereinafter called the Appellate Tribunal Act, came into force on May 20, 1950. On July 7, the Industrial Court made the award and the same was published on July 13. On August 9, the Mill Owners Association, which was dissatisfied with the award, filed an appeal before the Appellate Tribunal and an ad interim order was passed on August 10, directing how the bonus should be paid. The appellants made speeches on August 14, 15 and 16, exhorting the workers of the textile industry to go on strike. The Labour Commissioner thereupon filed complaints before the Presidency Magistrate on August 28, charging the appellants with an offence under section 27 of the Appellate Tribunal Act. The Mill Mazdoor Sabha applied to be made a party to the appeal, but the application was rejected. As already stated, the appellants were convicted by the Presidency Magistrate, but their sentences were reduced on appeal by the High Court.

(3.) THE second contention relates to the alleged infringement of the rights of the appellants under article 19 (1) (a) and (c), read with article 14 of the Constitution. In order to understand this contention, a reference to the provisions of the Bombay Industrial Relations Act, 1946, will be necessary.