The power under Section 107 of the Code of Criminal Procedure, 1973 should be exercised strictly in accordance with law and the proceedings under the said section should be disposed of at the earliest possible.

PASAYAT, J.

( 1 ) IN this application under Section 482 of the Code of Criminal Procedure, 1973 (in short, the 'code') petitioners call in question legality of order dated 18-1-1994 passed by the executive Magistrate, Jharsuguda in C. M. C. No. 11 of 1994, requiting them to show cause as to why each one of the then shall not be directed to execute bone of Rs. 5000. 00 with one surety for keeping peace in the locality for a period of one year. The order was passed in purported exercise of power under Section 107 of the Code. According to petitioners, the order is outcome of non-application of mind and has been erroneously passed. Learned counsel for State on the other hand, supported the order stating that the application is premature as it was open to petitioners to file show cause reply and indicate their stand instead of rushing to this Court.

( 2 ) BEFORE dealing with various contentions of parties it is necessary to take bird's eye view of the facts situations described by petitioners. An industrial dispute was raised for equal pay for equal work by the employees of Contractors of Orient Paper Mill, Management resisted it. A meeting was held in the office of the District Magistrate and Collector, Jharsuguda wherein parties accept suggestion of the Assistant Labour Commissioner, and normally was restored on 5-1-1994. Petitioners are functionaries of the Mill. On 12-1-1994 the vehicle which was carrying the Assistant Personal Manager (petitioner no. 2) to the Mill was obstructed by workers of the contractor and they gave out threats to assault, and hurled abuses. As a result petitioner No. 1 had to return back. Superintendent of Police, Sub-Collector and S. D. P. C. were informed over telephone about the situation. At about 2 p. m. on 12-1-1994 the Assistant Personal Manager and Officer on special Duty called on the Superintendent of Police, Sub-Collector and the S. D. P. C. and apprised them of the situation and sought for police protection. The situation was aggravated by some acts of violence by the workers, and took a violent turn on 13-1-1994. On that day about 300 to 400 workers fathered near the gate and chased all the vehicles bringing officials to the mills. Two Sections of armed forces were deployed at the gate and police advised that the Assistant Personal Manager (petitioner no. 2) should not come to the mills, till they give clearance. However, on clearance being given, he came to the mills at 11 a. m. Prior to that, at 9 a. m. some office bearers of workers Union approached petitioner no. 1 to give assurance for engagement for all contract labourers. However, before any decision was taken by petitioner no. 1 some of the contract labourers instigated some regular workmen to stop entire feeding operation and there was an illegal and wild-cat strike. This position was also apprised to the Superintendent of police, and Sub-Collector over telephone. Since situation become tense and strike had been resorted to, Management declared lock-out in terms of Section 24 of the Industrial Dispute Act, 1947 (in short, the ID Act) at about 6 a. m. It only allowed such workers who were engaged in essential services inside the mills. At about 8. 30 a. m. Sub-Collector, S. D. P. O. and Superintendent of Police sent for petitioners to the Police Station, where necessity for declaring lock-out was explained. The venue of discussion was shifted to the Inspection Bungalow at Brajarajnagar where in presence of Revenue Divisional Commissioner, D. I. G. of Police, Superintendent of Police, Sub-collector, S. D. P. O. , representatives of union and workmen were requested to call off the strike, and restore normalcy. After discussion, minutes of discussion was drawn up and copy of the same is Annexed as Annexure-I to the application under consideration. The dispute was resolved on the basis of discussion held on 14-1-1994 in presence of District Magistrate and Collector. Superintendent of Police, Sub-Collector and S. D. P. O. and Executiv