The words "instigates" and "incites" in Section 27 of the Industrial Disputes Act, 1947 should be read to signify something deeper than a mere asking of a person to do a particular act. There must be something in the nature of solicitation to constitute instigation or incitement.

Banerji, J.

1. This appeal is on behalf of the State against an order of acquittal, dated 23rd of September, 1953 passed by Mr. S.C. Gupta, Judicial Magistrate, 1st Class, Patna.

2. It is not necessary to state the facts in detail as the same has been done in Government Appeal No. 19 of 1953 which arose out of the same facts and which was heard along with the present one.

3. Shortly, it may be stated here that a dispute arose between the management of the Patna Electric Supply Company and their workmen, and this dispute was referred by the Government to an Industrial Tribunal in March 1952. The employees serving under the Company had a Union known as the Patna Electric Supply Workers Union and respondent Sri Raman Roy was its President and respondent Sri Damodar Jha was its general Secretary. The dispute, which was referred to Tribunal, was still pending, when, in November 1952, there was further dispute relating to allotment of quarters followed by a disturbance in presence of Sri R.N. Sharma, Assistant Labour Commissioner and Conciliation Officer, in consequence of which Mr. A.V. Ramaswami, Chief Engineer of the Company, suspended several workers who were members of the Union. After this, Mr. Ramaswami (P. W, 1) received a notice from the Union intimating him that the workers were going to stage a token strike for 24 hours from 8 A. M. on 29th November, 1952, to 8 A. M. on 30th November, 1952. The intimation was made through a letter written by the General Secretary, Mr. Damodar Jha, P. W. 1 and the Government of Bihar in the Labour Department wrote to the Union that the strike would be illegal, but the strike was actually launched on the date and at the lime fixed by the Union.

4. Thereafter, the State Government decided to file a complaint against the persons who had joined in the strike. Mr. R.N. Sharma, the Assistant Labour Commissioner and Conciliation Officer, filed the complaint against the present respondents on the authority of the Government, stating all the facts therein. In the present matter the prosecution case was that the respondents did various acts in furtherance of the alleged illegal strike. Under the column "offence committed", it was stated as follows :

"Instigation and incitement to workmen of the Patna Electric Supply Company Ltd. Patna to take part in an illegal strike or otherwise acting in furtherance thereof punishable under Sec.27 of the Industrial Disputes Act, 1947 (14 of 1947)."

5. The learned Judicial Magistrate held :

1. There was an illegal lock-out.

2. The strike cannot be held to be illegal.

3. There was no necessity to discuss the merit of evidence on the aforesaid findings.

4. The prosecution had not been able to bring home the charge against the accused persons beyond all reasonable doubt.

5A. The learned Judicial Magistrate, accordingly, acquitted the respondents, and the Government, thereafter, preferred this appeal.

6 It is not necessary to traverse the very same grounds which has been done in Government Appeal No. 19 of 1953. It has been held there that there was no lock-out of the workers of the Company and the Strike was an illegal one.

7. The only point to be decided in this appeal is whether the respondents had instigated or incited the workmen of the Company to take part in the strike and, accordingly, made themselves liable for the penalty under Sec.27 of the Industrial Disputes Act.

8. In the petition of complaint, it was stated on behalf of the prosecution as follows :

1. An extraordinary meeting of the Patna Electric Supply Workers Union was held on 25th November, 1952, at which the Executive Committee resolved to launch 24 hours token strike from a. m. on 29th November, 1952, to 8 a. m. on 30th November, 1952 unless the Company fulfilled certain demands.

2. On 27th November, 1952, a meeting of the workers of the Patna Electric Supply Company was held under the Presidentship of Sri Gurbachansingh, Vice President of the Patna Electric Supply Workers Union. At this m