( 1 ) THIS appeal is by the Superintendent and Remembrancer of Legal Affairs, Government of West Bengal on behalf of the State of West Bengal and is directed against an order of acquittal passed on appeal by the Additional Sessions Judge, Alipore, by which he acquitted the respondents who had been convicted under Section 29 read with Section 32 of the Industrial Disputes Act, 1947 by a Magistrate, 1st class, Sealdah.

( 2 ) THE prosecution case was that there was an award made by the 2nd Industrial Tribunal. West Bengal on the 29th December, 1953 published in Calcutta Gazette on the 28th January, 1954. The respondent Company, i. e. , United Rubber Works Ltd. , was directed by this award to pay bonus at a certain rate for the years 1951 and 1952 and the payment of certain monthly emoluments to certain workers of the respondent Company. It was alleged that in spite of the existing award the respondents who were all Directors of the Company or concerned with the management of the Company had committed an offence by not implementing the Award.

( 3 ) THE defence of the respondents at the trial was that the Award had been fully implemented. The special defence of the resp