HC Deb 19 January 1937 vol 319 c15
25. Mr. T. Williams

asked the Under-Secretary of State for India whether he is aware that a motion to discuss the action of a magistrate in Cawnpore in passing orders banning meetings of workers at the time of an industrial dispute was disallowed by the Governor-General; and what opportunity is available for the examination by the legislature of such executive action against which there is no judicial remedy?

Mr. Butler

The motion in question was not disallowed by the Governor-General but was ruled out of order by the President of the Indian Assembly. It is not the case that there is no judicial remedy in such cases, since it is open to an aggrieved person to move a superior court against the magistrate's order under Section 435 of the Code of Criminal Procedure.

Mr. Williams

Have the impoverished workers in that area either the finance or the power or the influence to initiate the proceedings referred to in the answer?

Mr. Butler

I am afraid I cannot answer that question, but I have informed the hon. Gentleman of the procedure.

Mr. Williams

Are we to understand from the answer that in the midst of a strike, the strikers are not to be permitted to meet; and in such circumstances how does he expect industrial disputes to be settled?

Mr. Butler

Each case must be taken on its own merits.