RAMNAGAR CANE AND SUGAR CO. LTD. versus JATIN CHAKRAVORTY AND OTHERS.

RAMNAGAR CANE AND SUGAR CO. LTD. versus JATIN CHAKRAVORTY AND OTHERS.

Where conciliation proceedings with one union cover demands affecting all employees, any strike during the pendency of such conciliation is illegal under s. 22(1)(d) and binds all workmen under s. 18(3)(d); thus, strike by rival union members was illegal and constituted subversive activity.

Parties
Appellant: Ramnagar Cane and Sugar Co. Ltd.; Respondents: Jatin Chakravorty and Others
Jurisdiction
India
Judgment Date
05 May 1960
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Calcutta High Court in Criminal Revision
Outcome
Appeal allowed; order of acquittal set aside; respondents convicted of charged offence.
Legal Topics
Strike Legality in Public Utility Services, Binding Effect of Settlement, Subversive Activity Under West Bengal Security Act
Labour and Industrial Law Criminal Law Strike Legality in Public Utility Services Binding Effect of Settlement Subversive Activity Under West Bengal Security Act

Case Brief

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Parties

Ramnagar Cane and Sugar Co. Ltd.

Appellant

Jatin Chakravorty and Others

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Calcutta High Court in Criminal Revision

Legal Issues

  1. 1 Whether a strike during pendency of conciliation with a rival union is illegal under Industrial Disputes Act, 1947
  2. 2 Whether settlement in conciliation binds all workers under s. 18(3)(d) of the Industrial Disputes Act, 1947
  3. 3 Whether participation in illegal strike constitutes subversive activity under West Bengal Security Act

Ratio Decidendi

Where conciliation proceedings with one union cover demands affecting all employees, any strike during the pendency of such conciliation is illegal under s. 22(1)(d) and binds all workmen under s. 18(3)(d); thus, strike by rival union members was illegal and constituted subversive activity.

Court Disposition

Appeal allowed; order of acquittal set aside; respondents convicted of charged offence.

Orders

  • Respondents convicted under s. 11 of West Bengal Security Act, 1950.
  • Each respondent to pay a fine of rupee one.