STATE OF BIHAR Vs. DEODAR JHA

JUDGEMENT

(1.) This appeal under Section 417, Criminal Procedure Code, is against an order of acquittal passed by Mr. S. C. Gupta, Judicial Magistrate, 1st Class, Patna, in a trial under Section 26, Sub-section (1) of the Industrial Disputes Act (Act XIV of 1947).

(2.) The facts culminating in the trial of the 25 respondents and their subsequent acquittal may be summarised as follows:--

(3.) When this adjudication was pending before the Industrial Tribunal, one Ramdeo Rai, an employee of the Company, was suspended by Sri Ramaswami (P. W. 1) for wilful disobedience of his order which was to the effect that he should allow three other workers to live in the same room. Suspension of Ramdeo Rai by the Company was communicated to Sri R. N. Sharma (P. W. 32), then Assistant Commissioner of Labour. P. W. 12 was approached on behalf of the Union and was told that Ramdeo's suspension was unjustified. The Union requested P. W. 12 to intervene in the matter and make an enquiry. Accordingly, P. W. 12 fixed the 20th of November. 1952 for making a local enquiry and informed the Company as well as the Union. During the enquiry, P. W. 12 saw an altercation going on between two sets of workers. It appears that some workmen took up the cause of Ramdeo and some of the other three who had complained against him for having thrown them out of the room. There was exchange of hot words between the two parties in the presence of P.W. 12 followed by an exchange of blows and hurling of shoes. A workmen was hit with a bamboo stick, hurled by some one Finding that the position was out of control, P.W. 12 informed the Police Station nearby and also submitted a report to the Deputy Commissioner of Labour. He, further, informed the Company of the facts which had taken place in his presence.