Abhyankar, J.

1. This judgment will also dispose of Special Civil Application No. 240 of 1961.

2. Special Civil Application No. 175 of 1961 is filed by one Shri R.D. Shirkhedkar. He was serving in the Office of respondent No. 2, the Senior Deputy Accountant General, Maharashtra, (Nagpur Branch), at Nagpur as a Superintendent in the Subordinate Accounts Service Class III. He joined the Office of the Accountant General, Central Provinces and Berar, in the year 1940 and was confirmed as a Superintendent in 1953. On reorganisation of the State he was allocated to the State of Bombay. The petitioners case is that he is a member of the Civil Audit find Accounts Association of Class III employees in the office of respondent No. 2 at Nagpur. Between 1954 to 1958 the petitioner was the President of the Association at Nagpur.

3. In Special Civil Application No. 240 of 1961, the petitioner is Narayan Narhar Deshpande. He joined the service in the Indian Audit and Accountants Department at Nagpur as an Upper Division clerk under the control of the then Accountant General, Madhya Pradesh, in 1949. He was confirmed as an Upper Division clerk in 1951. Consequent on the reorganisation of the States in 1956, his services were allocated in the Audit Office of the new State of Bombay from 1-11-1956 and thereafter in the State of Maharashtra under the control of the Accountant General, Maharashtra State.

4. According to the petitioners, there is an association called "Civil Audit and Accounts Association." The association is formed with the avowed purpose of improving the conditions of service of its members. It is an admitted position that even though the association is in existence for a considerable number of years and was at one time perhaps recognised while it was functioning in Madhya Pradesh, it is not a recognised association.

5. The employees of the Central Government were not satisfied with their conditions of service. Several representations were made, according to the petitioners for improvement of their lot. As a last resort, a decision was taken to strike with effect from 12th July 1960 by several associations of employees of the Central Government. The call to strike was given by the General Council of Action to all employees of the Central Government. This decision was ratified by the All India Civil Audit and Accounts Association and their branch at Nagpur of which the petitioners are members. Accordingly the association at Nagpur also gave a notice to respondent No. 2 on 27-6-1960 that Class III employees of the Nagpur Office will strike work from 12th July 1960 unless some of their demands are in the meanwhile granted.

6. The notice was given by the association on 27-6-1960. A copy of that notice is filed at page 74 in Special Civil Application No. 240 of 1961. It is alleged that an enquiry was made from the clerks and superintendents by the respondents whether they would go on strike in accordance with the strike notice. So far as the petitioner Shri Deshpande is concerned his case is that he had intimated to an officer of the department that he would be going on strike since he was an office bearer, being Joint Secretary of the association. The petitioner Shri Shirkhedkar was not an office bearer at the time of the strike. Formerly he had officiated as President of the association. Shirkhedkars further case is that he was required to take up the cases of individual grievances on behalf of the members of the association and on that account he had to incur displeasure of his superior officers and had to sacrifice his fair chances of promotion.

7. The employees in the office of the respondents struck work from 12th July 1960. Out of a total number of 550 employees comprising Class III and Class IV servants in the office of the respondents, about 400 employees are alleged to have joined the strike. The petitioner Shri Shirkhedkar was arrested on 14th July 1960 at about 10 p.m. under Section 5 of the: Essential Services Maintenan