HARRIES,.J. - (1.) THIS is a petition for revision of an order passed by the Chief Presidency Magistrate convicting the ten petitioners of an offence under Section 26, Industrial Disputes Act, 1947, and sentencing each of them to pay a fine of Rs. 25. In default of payment of the fine it was provided that each should undergo a period of seven days' imprisonment.
(2.) THE ten petitioners were employees of Messrs. Lloyd Bank Limited, and were employed at the Head Office and the Chowringhee Office of the Bank. Disputes had arisen between the Bank and its employees and on 17th January 1948, these disputes were referred to the adjudication of a Tribunal under Section 10(1)(c), Industrial Disputes Act (14 of 1947).
(3.) BEFORE these proceedings had terminated the ten petitioners together with other employees of the Bank went on a one -day strike on 17th August 1948. This one -day strike admittedly had nothing to do with the disputes which had been referred to the adjudication of a Tribunal under the Act. The one -day strike was a strike to express sympathy with certain employees of the Central Bank of India who were themselves on strike. Sanction from the Provincial Government was obtained and a prosecution was instituted against eleven persons for striking contrary to the provisions of Section 26 and further for instigating others to strike. The case came before the learned Chief Presidency Magistrate who held that there was no evidence upon which the eleven persons could be convicted of an offence of instigating others to strike. He, however, held that the eleven persons were guilty of an offence under Section 26, convicted them and sentenced them, as I have indicated. Of those eleven persons ten persons have petitioned this Court in revision.;