STATE OF BIHAR Vs. RANEN NATH

JUDGEMENT

(1.) This appeal is on behalf of the State against an order of acquittal, dated 23rd of September, 1953 passed by Mr. S.C. Gupta, Judicial Magistrate, 1st Class, Patna.

(2.) It is not necessary to state the facts in detail as the same has been done in Government Appeal No. 19 of 1953 which arose out of the same facts and which was heard along with the present one.

(3.) Shortly, it may be stated here that a dispute arose between the management of the Patna Electric Supply Company and their workmen, and this dispute was referred by the Government to an Industrial Tribunal in March 1952. The employees serving under the Company had a Union known as the Patna Electric Supply Workers' Union and respondent Sri Raman Roy was its President and respondent Sri Damodar Jha was its general Secretary. The dispute, which was referred to Tribunal, was still pending, when, in November 1952, there was further dispute relating to allotment of quarters followed by a disturbance in presence of Sri R.N. Sharma, Assistant Labour Commissioner and Conciliation Officer, in consequence of which Mr. A.V. Ramaswami, Chief Engineer of the Company, suspended several workers who were members of the Union. After this, Mr. Ramaswami (P. W, 1) received a notice from the Union intimating him that the workers were going to stage a token strike for 24 hours from 8 A. M. on 29th November, 1952, to 8 A. M. on 30th November, 1952. The intimation was made through a letter written by the General Secretary, Mr. Damodar Jha, P. W. 1 and the Government of Bihar in the Labour Department wrote to the Union that the strike would be illegal, but the strike was actually launched on the date and at the lime fixed by the Union.