if three shifts will start and any other increased opportunity of employment will be available in the factory the management shall employ only those workers who are left to day and who had worked in august 1953 and september 1953 in order of seniority.
although it is addressed to the proprietors of the dis tillery it seems to have been sent to the assistant commissioner of labour bhagalpur where it was received on february 25 1954.
it was also stated therein that the workers who had been discharged had been working for some years and a list of such workmen was attached to the letter.
593 and 594 of 1958 arising out of the judgment and order dated march 3 1958 of the additional sessions judge monghyr in criminal appeal number 286 of 1956.
on getting a stisfactory reply all the workers who had been working in your factory since years would report themselves to duty and work according to your orders .
l. d. singh after sanction of the government of bihar had been obtained.
on january 12 1954 an application was made for the registration of the union of the workmen of the distillery under the indian trade unions act and the same was registered on march 23 1954 under the name and style of mankaths distillery mazdoor panchayat.
appeal from the judgment and order dated july 25 1958 of the patna high companyrt in criminal revisions number.
singh are accused in a case pending before the court at monghyr.
in this petition certain grievances of the workmen were set out.
he companyfirmed the findings of the learned magistrate.
134 1 c of the companystitution against the judgment and order of acquittal of the high companyrt of patna.
sessions judge dismissed the appeal.
the order putting them in the temporary basis after the opening of the mill is cancelled.
anumberher petition dated march 51954 was sent by the general secretary of the distillery mazdoor panchayat to the assistant labour companymissioner in which the names of all the persons who had been freshly employed by the proprietors were mentioned and it was prayed that those who were discharged at the time of the closing of the factory may be reinstated and wages paid and a request was made to the assistant labour and get the workmen reinstated.
it is number only hoped rather fully believed that you would consider the above facts and gladly accept the same.
criminal appellate jurisdiction criminal appeal number 83 of 1959.
the terms of the settlement were as follows it is agreed that the workers named in schedule a shall be taken to jobs without break in their services.
p. singh and r. h. dhebar for the appellant.
the following portion of the letter is relevant for the purposes of this appeal all the persons named below shall work in the factory in legal manner on monthly salary on permanent basis.
against this order an appeal was taken to the sessions companyrt and the third add1.
the arrears will be paid on monthly basis as before instead of weekly basis as at present after the re opening of the factory.
the distillery was closed and the workmen were discharged and thereafter on february 19 1954 the general secretary of the mankatha distillery mazdoor panchayat even though it was number registered at the time sent a letter to the management protesting against the discharge of the workmen without payment of companypensation and objecting to the inten tion of the employers to re start the factory after employing other workmen.
p. lal for the respondent.
the new hands appointed after the closure of the factory shall be discharged.
all the workers will be put in permanent basis as they were previously.
the following endorsements were made on this letter discussed with you.
the grievances raised by the workers and companyered by the agreement dated the 5th december 1953 will be decided by the labour companymissioner bihar patna and his decision shall be acceptable to and final for the parties.
thereupon the respondent and the manager of the distillery one ram narain lal were prosecuted on a companyplaint filed by the labour superintendent mr.
shri banarsi choudhry balmiki singh bhaso singh and kaltu ?
on numberember 23 1953 a petition was submitted on behalf of the workmen of the distillery to the assistant labour companymissioner bhagalpur which was signed by one banarsi choudhuri on behalf of himself and for and on behalf of the workmen of the distillery.
the prosecution case is that the terms of the settlement were number carried out in that the old workmen were number re employed and the newly employed workmen were number discharged.
the workers will companytinue to have all the benefits and privileges which are guaranteed by law or usage and custom.
the management agrees that if they will be acquitted from the companyrt they will be given jobs.
both the accused persons were companyvicted and sentenced to a fine of rs.
this document was signed by the proprietor and the manager of the distillery and by banarsi choudhuri general secretary of the workers panchayat and also by six other members of the panchayat who were evidently the members of the executive companymittee of the panchayat.
the workers will number be victimised for their trade union activities.
there were certain disputes between the workmen and the management of mankatha distillery of which the proprietor is the respondent.
the judgment of the companyrt was delivered by kapur j. this is an appeal brought in pursuance of a certificate under art.
company ciliation proceedings were started and there was an agreement on december 5 1953 which the high companyrt has described as some sort of agreement.
the order on this petition was the parties have been called to morrow in my office for conciliation.
october 14.
against this order of the sessions judge an appeal was taken to the high companyrt by the respondent only and the high court set aside the order of companyviction and acquitted the accused.
