Judgment

SARKAR, J.: There are five appellants before us Four of them were employees of a company called the Indian Iron and Steel Co. Ltd. and the fifth an outsider.

2. The appellants were convicted 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 part in an illegal strike. Each appellant was sentenced to simple imprisonment for three months. On appeal by the appellants, the learned Addl. Sessions Judge of Asansol confirmed the order of the learned Magistrate. A petition to the High Court at Calcutta against the order of the learned Addl. Sessions Judge by way of revision also failed. The appellants have now appealed to this Court with special leave. The respondent to this appeal is the State of West Bengal and the Company has been allowed to intervene.

3. The Company owns a factory at Burnpur near Asansol in which there is a Sheet Mill. The factory was declared by the Govt. to be a public utility service. There was a slow down strike in the Hot Mill section of the Sheet Mill. The Company thereupon issued charge-sheets to some of its workers, i