STATE Vs. B D MEATTLE

JUDGEMENT

(1.) THIS is an appeal by the State against an order of the learned Magistrate of delhi whereby he acquitted the four respondents of an offence punishable under section 29 of the Industrial Disputes (Appellate Tribunal) Act, 1950.

(2.) THE facts of the case are that there was a dispute between the employers and the employees of the Crown Flour Mills. This dispute was referred to the Industrial tribunal and the award of the Tribunal was against the workmen. An appeal was taken to the Appellate Tribunal and while the appeal was pending a notice was sent by the management of the Flour Mills to 87 wort-men informing them that the mill was being closed down with effect from the morning of 12-3-1954 and that therefore the services of these 87 workmen were being terminated. The management had not previously obtained the permission of the Appellate tribunal before taking this step and so the four respondents were prosecuted for the offence punishable under Section 29 of the Act. It was alleged by the prosecution that they had deliberately dismissed the workmen "while their appeal was pending before the Appellate Tribunal.

(3.) THE learned trial Magistrate came to the conclusion that this was not a case of mala fide dismissal and that the Mill was closed down because owing to conditions over which the management had no control heavy losses were being sustained. He therefore acquitted the four accused persons.