STATE OF MYSORE Vs. F LOUIS

JUDGEMENT

(1.) This appeal is directed by the State against the order of acquittal passed by the Second Additional Sessions Judge, Bangalore in Crl. A. No.74 of 1967 on the file of his Court. That order was made on 14th February 1968 by the lower appellate Court, setting aside the conviction and sentence passed by the Second Magistrate, Bangalore in CC. No. 1689 of 1966 on the file of his Court.

(2.) The respondents before us, who are twelve in number, were the accused before the trial Court. They were prosecuted for the offence punishable under Rule 126(1) read with Rule 126(2) of the Defence of India Rules, 1962 and Notification LMA.37 HBE. dated llth April 1966 issued by the Government of Mysore.

(3.) It was the prosecution case that the respondents, who were the employees of the Hindustan Aeronautics Ltd. (which will be hereinafter referred to as HAL), went on strike on the 12-4-1966, in contravention of Notification No. SO.4164 dated 11th April 1966 issued by the Government of Mysore under the power vested in the same under Rule 126(1) of the Defence of India Rules, 1962. It is said that there was & dispute with regard to payment of profit sharing bonus between the management and the employees. The respondents who are members and Office Bearers of the Hindustan Aeronautics Employees Association went on token strike on 12th April 1966 in contravention of the Notification of the Government of Mysore mentioned above, i.e. Notification dated 11-4-1966 declaring any such strike as illegal. On the material on record, the trying Magistrate held the respondents guilty of the offence with which they had been charged. He, therefore, convicted and sentenced each of them to pay a fine of Rs. 200, in default to undergo imprisonment of simple nature for a term of one month. In appeal, the Second Addl. Sessions Judge, Bangalore set aside the conviction ordered by the trial Magistrate and acquitted the respondents. It is against the said order that this appeal, has been preferred before us on behalf of the State.