TEJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants have been convicted under rule 43 of the Defence of India Rules 1971 and have been sentenced to one year's rigorous imprisonment by S. D. M. Ghaziabad by his order dated 8-1-1973. That conviction has been maintained in appeal decided on 20-8-1973 by IIIrd Temp. Civil and Sessions Judge, Meerut.

(2.) THE prosecution allegations were that Tej Singh, Kali Charan, Faujdar and Bhagwan Prasad were the employees of the Factory Gate of Modern Industry. Ghaziabad. They were engaged in manufacturing rail wagons. They held meetings on 12-1-1972 and 14-1-72 at the factory sate and incited the workers of the factory against the management, They also incited to slow down the work and get themselves prepared for strike. Government of Uttar Pradesh had issued e Notification No. 6323 (ST) XXXVI-1-234 (ST)-1971 dated 912-71 in exercise of powers under Section 3 of the U. P. Industrial Disputes Act 1947 prohibiting strike or slowing down work in any establishment or factory engaged in execution or orders, connected with the defence needs of the country and/or is in any way connected with civil defence. The applicants were, therefore, prosecuted for an offence within the meaning of clauses (g) and (i) of Sub-clause (6) of Rule 36 punishable under Rule 43 of the Defence of India Rules. 1971.

(3.) THE applicants denied the prosecution allegations. Both the lower courts found the offence proved against the applicants on their appraisement of the evidence. In the revision it is not possible to make reappraisal of the evidence.