Choudhary, J.

1. The facts leading to the presentation of this application under Article 226 of the Constitution are these :

2. The Darbhanga-Laheriasarai Electric Supply Corporation Ltd. is a public utility set-vice and it supplies power and light to the public at Darbhanga and Laheriasarai. Its management (hereinafter to be referred to as "the Management") is respondent No. 3 in this case. In November, 1957, a pamphlet was published and distributed wherein defamatory and scandalous statements were made against the Management. It is alleged that the pamphlet was published for and on behalf of the workers of the said Corporation.

The Management took objection to the various allegations made against it in that pamphlet, and a copy of the pamphlet was given to each of its workers and they were asked to state in writing whether that pamphlet had been printed and published with their consent. At that time, there were 108 workmen working in that Corporation. Out of them, 35 workmen replied that the said pamphlet had been printed and published with their consent. The rest of the workmen, however, denied to have had any concern with the printing and publication of that pamphlet.

T