ONKAR NATH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellants who are Railway employees, were convicted by the learned Metropolitan Magistrate, Delhi under Rules 118 and 119 of the Defence of India Rules, 1971 and were sentenced to six months rigorous imprisonment. The order of conviction was upheld in appeal by the learned Additional Sessions Judge and in revision by the Delhi High Court with the difference that whereas the former upheld the sentence too, the latter has reduced it to the period already undergone. In this appeal by special leave the legality of conviction is questioned by the appellants.

(2.) The case of the prosecution is that the appellants are leaders of the Northern Railwaymen's Union and that on May 5, 1974 they held a meeting in Tughlakabad Railway Yard inciting railway workers to go on strike from May 8. This is alleged to be in breach of the order passed by the Government India under Rule 118 (1) of the Defence of India Rules, 1971. That rule reads thus:

(3.) The order issued under Rule 118 (1) by the Government of India in its Ministry of Labour on November 26, 1973 recites that in the opinion of the Central Government it was necessary and expedient for maintaining supplies and services essential to the life of the community to prevent strikes in the Railway Services and that therefore "the Central Government hereby prohibits a strike in connection with any industrial dispute/disputes in the said Railway Services in India for a period of six months w.e.f. the 26th November, 1973."