Judgment

KAPUR, J. : This is an appeal brought in pursuance of a certificate under Art. 134(1)(c) of the Constitution against the judgment and order of acquittal of the High Court of Patna.

2. There were certain disputes between the workmen and Management of Mankatha Distillery of which the proprietor is the respondent. On November 23, 1953, a petition was submitted on behalf of the workmen of the Distillery to the Assistant Labour Commissioner, Bhagalpur, which was signed by on Banarsi Choudhuri on behalf of himself and for and on behalf of the workmen of the Distillery. In this petition, certain grievances of the workmen were set out. Conciliation proceedings were started, and there was an agreement of December 5, 1953, which the High Court has described as some sort of agreement .

3. On January 12, 1954, an application was made for the registration of the Union of the workmen of the Distillery under the Indian Trade Unions Act, and the same was registered on March 23, 1954, under the name and style of Mankatha Distillery Mazdoor Panchayat. The Distillery was closed and the workmen were discharged, and thereafter on February 19, 1954, the General Secretary of the Mankatha Distiller