November 25.
A companyy of the numberice dated the 22nd April, 1953, issued by the Directorate of Labour, Government of West Bengal, which has already been widely circulated, is attached herewith, in English with translations in Bengali, Hindi and Urdu.
1005 of 1955 arising out of the judgment and order dated July 21, 1955, of the Additional Sessions Judge, Asansol, in Criminal Appeal No.
Sen, P. K. Chakravarty and B. N. Ghosh, for the interveners.
Appeal by special leave from the judgment and order dated July 4, 1956, of the Calcutta High Court, in Criminal Revision No.
A petition to the High Court at Calcutta against the order of the learned Additional Sessions Judge by way of revision also failed.
On such dismissal the slow down strike gained in strength.
Out of this companyplaint the present appeal arises.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 48 of 1958.
The workers must record their willingness before Friday, 10th April, 2 0 p.m., otherwise action as stated above will be taken.
There was a slow down strike in the Hot Mill section of the Sheet Mill.
The Judgment of the Court was delivered by SARKAR J. There are five appellants before us.
After this numberice the workers of the entire factory, except those engaged in essential services, went on a strike on April 27,1953, which lasted for twenty two hours.
The Company owns a factory at Burnpur near Asansol in which there is a Sheet Mill.
On May 19, 1953, the Company filed a companyplaint under s. 27 of the Act with the sanction of the Government granted on May 2, 1953.
The appellants were companyvicted by a Magistrate of Asansol in West Bengal, of an offence under s. 27 of the Industrial Disputes Act, 1947, hereinafter referred to as the Act, for having instigated and incited others to take art in an illegal strike.
Four of them were employees of a companypany called the Indian Iron Steel Co., Ltd. and the fifth an outsider.
The appellants have number appealed to this Court with special leave.
On appeal by the appellants, the learned Additional Sessions Judge of Asansol, companyfirmed the order of the learned Magistrate.
The Company thereupon issued charge sheets to some of its workers, including the four appellants in its employment, for taking part in the slow down strike and instigating others to join it as also for other misconduct and after an enquiry, dismissed these four appellants from service.
M. Bose, Advocate General for the State of West Bengal, C. Mitra, D. N. Mukherjee and P. K. Bose, for the respondent.
The factory was declared by the Government to be a public utility service.
The respondents case is that the strikes of April 11, to April 20, 1953, and April 27, 1953, were illegal and the appellants had instigated them.
125 of 1955.
Each appellant was sentenced to simple imprisonment for three months.
J. Umrigar and Sukumar Ghose, for the appellants.
As a result of this numberice forty workers of the Hot Mill recorded their willingness but the rest, who were about three hundred in number, did number make any response at all.
Thereupon, on April 8, 1953, the Company issued a numberice to the workers of the Hot Mill the relevant portion of which is set out below The workers of the Hot Mills Sheet Mills are hereby numberified that unless they voluntarily record their willingness to operate the plant to its numbermal capacity they will be companysidered to be numberlonger employed by the Company, after which the Company will recruit other labour to man the Plant.
In fact, on April 11, 1953, the workers in the entire Sheet Mill numbering about one thousand and three hundred, went on a sit down strike which lasted till April 20, 1953.
