C.B. SARMA Vs. STATE

JUDGEMENT

(1.) THIS rule was obtained by three persons who were convicted under Section 27 of the Industrial Disputes Act and sentenced to one week's simple imprisonment and a fine of Rs. 50/ - each. On an appeal preferred by the accused persons the learned Sessions Judge reduced the sentence of imprisonment to one day's simple imprisonment, namely, till the rising of the court and the sentence of fine was kept intact. It is against this conviction and sentence passed by the Sessions Judge that the petitioners have come up to this Court.

(2.) THE findings are very conclusive and there is no substance in the petition at all. What happened is that the accused persons instigated a strike amongst the sweepers of the Gauhati Municipality. Two of the accused persons Jayashri Harijan and Munilal Harijan were the President and the Vice -President respectively of the organisation known as Harijan Sangha and the other accused C.B. Sarma was an enthusiast who identifies himself with the cause of the Harijans and had encouraged an illegal strike.

(3.) THE courts below have accepted the deposition of the Labour Officer to the effect that a conciliation proceeding was pending at the time and I see no reason to go behind that finding. Since the strike was resumed before the conciliation proceeding terminated, it was hit by Subsection (1)(d). Sub -section (1)(b) of Section 22 of the Industrial Disputes Act, as quoted, lays down that no person employed in a public utility service shall go on strike in breach of contract within fourteen days of giving such notice.