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

Citation: [1960] 3 S.C.R. 968 · Decided: 05-05-1960 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

Muy5. 
[llJtiU] 
RAMNAGAR CANE AND SUGAR CO. LTD. 
968 
SUPl{EME COURT REPORTS 
v. 
JATIN CHAKRAVORTY AND OTHERS. 
(P. B .. GAJENDRAGADKAR, K. N. WANCHOO 
and K. C. DAS GUPTA, JJ.) 
Subversive Activity-Public utility concern-Strike by work-
men pending conciliation with rival union-Settlement, if binding 
on all workmen-Legality of strike-West Bengal Security Act, 
r950 (W. B. XIX of r950), s. 2(9)(e), Expl. (ii)-Industrial Dis-
putes Act, r947 (r4 of r947), ss. r8(3)(d), 22(r)(d), 24(r)(i). 
Where two rival unions of workmen in a public utility con-
cern, a sugar industry, present demands covering the entire 
body of workmen and while one of them carries on conciliation 
proceedings with the employer the other commences a strike, 
any settlement, arrived at in such conciliation proceedings must 
bind all the employees under s. 18(3)(d) of the Industrial Dis-
putes Act, 1947, and the strike must, on a reasonable construc-
tion of the provisions of s. 22(1)(d) of the Act, amount to a 
contravention of it and must be illegal under s. 24( t)(i) of the 
Act. 
It was not necessary, in order to bind the workmen to the 
settlement arrived at before the conciliator, to show that they 
belonged to the union which took part in the conciliation pro-
ceedings, since the policy underlying s. 18 of the Act is to give 
an extended operation to such a settlement. 
The Associated Cement Company Ltd., Porbandar v. Their 
Workmen, [1960] 3 S.C.R. 157 and M/s. New India Motors (P) 
Ltd. v. K. T. Morris, [1960] 3 S.C.R. 350, referred to. 
Consequently, where the courts below, on an erroneous view 
of the law, acquitted certain workmen of the offence of subver-
sive activity for joining an illegal strike under s. II of the West 
Bengal Security Act, 1950, on the ground that the rival union to 
which they belonged was not a party to the conciliation proceed-
ings, such acquittal must be set aside. 
CRIMINAL APPELLATE JURISDICTION: 
Criminal 
Appeal No. 96 of 1959. 
Appeal by special leave from the judgment and 
order dated August 19, 1957, of the Calcutta High 
Court in Criminal Revision No. 1577 of 1956, arising 
out of the judgment and order dated August 3, 1956, 
of the Magistrate, :First Class, at Krishnagar, Nadia, 
in G. R. Case No. 69 of 1954. 
0. K. Daphtary, Solicitor-General of India and 
P. /(. Ohatlerjee, for the appellant. 
Tho respondent did not appear. 
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3 S.C.R. 
SUPB.EME COURT REPORTS 
969 
1960. May 5. The Judgmen~ of the Court was 
i960 
delivered by 
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G 
J 
T . . 
l b 
· l J 
Ramnagar Cane 
:xAJENDRAGADKAR, 
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his apptia 
y specia eave and sugar co. Ltd. 
raises a short question about the construction and 
v. 
effect of the provisions of s. 2i(l)(d) of the Industrial Jatin Chak1avorty 
Disputes Act, 14 of 1947, (hereinafter called the Act). 
. -
The appellant,, Ramnagar Cane & Sugar Co. Ltd., Ga1endragadli~r J. 
Calcutta, is a company incorporated under the Indian 
Companies Act and carries on the business of manu-
facturing sugar which is an essential commodity in its 
factory at Plassey in the District of Nadia. The 
appellant was declared a public utility concern or 
service by a notification duly issued in that behalf on 
October 8, 1953. The appellant employs in its business 
about 545 permanent men and 703 seasonal men 
excluding casual labourers. 
A majority of the work-
men employed by the appellant belong to the Ram-
nagar Cane & Sugar Co. Employees' Union (herein-
after called the Employees' Union), whereas a minority 
of workmen belong to the rival Union called Ramnagar 
Sugar Mill Workers' Union (hereinafter called the 
Workers' Union). It appears that on December 9, 
1953, the Workers' Union presented a charter of 
demands to the appellant. This was followed by a 
similar charter of demands by the Employees' Union 
on January 20, 1954. On the same day the Workers' 
Union served a notice of strike on the appellant. On 
February 1, 1954, a meeting was held before the 
Conciliation Officer which was attended by the Emplo-
yees' Union and the appellant. A notice of the said 
meeting had been served on the Workers' Union as 
well. 
On February 2, 1954, the appellant suggested 
to the conciliation officer that it should discuss the 
matter separately with the representatives of the two 
Unions but to this suggestion the Workers' Union 
took an objection. Thereupon the said Union informed 
the conciliation officer that it assumed that the con-
ciliation had failed. Consequently on February 3, 195
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