SRIDHAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two revisions arise out of same transaction and are directed against same judgment. There were heard together and shall be disposed of by one judgment. Both these revisionists have come up to this Court challenging the order of the learned Additional Sessions Judge who had dismissed their appeals and had confirmed their sentence and conviction awarded to them by the Magistrate who had sentenced them to pay a fine of Rs. 100.00 each or in default to undergo 15 days' R.I. under section 447 I.P.C. It is not disputed in this case that these two revisionists are employees in the Ordnance Clothing Factory at Shahjahanpur. There is a workers Union named as Pratiraksha Karmchari Union, Ordnance Clothing Factory, Shahjahanpur, which was registered under the Indian Trade Union Act, 1926. The revisionist Sridhar Gupta is General Secretary of the aforesaid Union. On 16th July, 1970, Sridhar Gupta served a notice on General Manager, Ordnance Clothing Factory, Shahjahanpur, as follows :-

(2.) THE prosecution story now reads in this way that Sri S. R. Kalia, Deputy Manager, Ordnance Clothing Factory, Shahjahanpur, informed the General Secretary on 3rd August, 1970, that per-mission for launching hunger strike in front of the factory gate in the com-pound of the employees club and holding meetings with the use of the loud speaker in the same connection would not be granted. Copies of this letter were sent to the district authorities as well. It appears that the Union workers did not pay any heed and, as such, a tent was pitched on 4th August, 1970, inside the factory premises. A meeting was organised at 4 p.m. and thereafter not only by means of loud speakers speeches were delivered against the conduct of the higher authorities of the aforesaid factory, but Sridhar, Gupta also sat on hunger strike as proposed. On 4th August Sri Malhotra, Supervisor 'A' grade gave confidential report to Sri Kalia drawing his attention to the aforesaid acts being done by the office bearers of the Union and other employees and thereupon Sri Kalia drafted a notice on 4th August, 1970, Ext. Ka-4 which was addressed to the General Secretary, namely, Sridhar Gupta. By means of this letter, the attention of the General Secretary was drawn to the fact that the permission had not been accorded for the acts being committed and that their occupation was not only unauthorised but they were directed to vacate the possession which they had unauthorisedly taken. This letter, according to the prosecution, was handed over to Bahu Ram for delivery, but the same was refused by the General Secretary. On 5th August, 1970, another letter on similar lines had been drafted by Sri Kalia and this was handed over to Madho Singh for delivery, but once again this letter was not received. On the basis of the report sent by Sri Kalia, the head constable Rajpal Singh posted at P.S. Sadar Bazar scribed F.I.R. Ext. Ka-6 on the basis of Exts. Ka-2, Ka-4 and Ka-5 (Ka-5 being the letter dated 5th August, 1970). The case was investigated by Sub-Inspector Hari Nandan Singh. He went to the spot, prepared a site-plan and after completing investigation in the usual manner, he submitted a charge-sheet on the basis of which the present two revisionists along with other members were asked to stand their trial under section 447 I.P.C. I am concerned with the case of other persons who were initially charge-sheeted because they were acquitted by the Magistrate and no appeal against their acquittal was preferred.

(3.) I have heard learned counsel for the revisionists at length. In my view, both these revisions should be allowed. Before dealing with the facts of the case, I would like to mention that according to section 15 (d) of the Indian Trade Unions Act, 1926, the objects on which general funds could be spent were as follows :