Judgment

Chandrasekhara Aiyar J. - This appeal comes up before us on special leave granted by His Majesty s Order in Council & it is directed against orders made by Sen J. of the H. C. of Judicature at Fort William in Bengal, directing a retrial of the applt. D. Stephens, who had been acquitted by the Chief Presidency Mag. of contravening the provisions of S. 26, Merchant Shipping Act.

2. The facts that gave rise to this prosecution are correctly set out in the following two paras. which are quoted from the judgment of the learned Chief Presidency Mag. : "The owners of the ships have an organisation known as the Calcutta Liners Conference. The seamen have an organisation known as the Joint Supply Office. Since 1940-41 the licensed Broker system for engagement of seamen had been abolished. The Calcutta Maritime Board was established as a result of a collective agreement between the owners of the ships & seamen s representatives for recruiting seamen. It is a joint negotiating machinery between the owners & the seamen for direct engagement of seamen by the owners. The Joint Supply Office does not supply the seamen. The Calcutta Maritime Board also does not supply nor engage seamen.