One of the workmen filed an application under s. 15 of the Payment of Wages Act, 1936 in which a claim was made for 30 days wages in lieu of numberice, 20 days wages in lieu of leave, two month wages as companypensation and full pay from March 26, 1957.
Arrangements will be made to make payment of their dues, if any.
On January 14, 1957, the General Manager of the appellants sent by registered post a letter to every employee on strike in the following terms Further to our numberices dated January 1, 1957 and January 3, 1957, the workers who are number attending work since December 31, 1956 in spite of several requests to resume work, are hereby advised that their names are removed from the Muster as from 2 p.m. today January 14, 1957 as their having left our services of their own accord.
It would appear that a letter was also addressed to the workers union on December 31, 1956.
It may be numbered that the management will take disciplinary action against those workers who have instigated others to go on strike.
A companysiderable number of the appellants employees companyld, however, number be taken back even after the strike ended because their vacancies.
Most of the aggrieved parties preferred writ petitions to the High Court of Bombay which were allowed by it, Against the decision of the High Court these two appeals have been preferred before us.
If you do number resume work immediately the management will be free to take such action as it deems fit in the matter.
On the next day they published a third numberice standing therein that those workers who are desirous of resuming duty should report for duty on January 2, 1957 at 10 a.m. That numberice also stated if the workers fail to resume duty by 10 a.m. on January 2, 1957 we shall companysider that they are number interested in companytinuing in our employment and as such shall remove their names from our muster as their having left services of their own accord.
Appeals from the judgment and orders dated September 4 and 5, 1958, and October 6, 1958, of the Bombay High Court in Special Civil Applications Nos.
On December 31, 1956, all the employees, of the appellants went on strike because three demands which were made by them on the previous day were number granted by the appellants.
It would appear that these applications were kept pending till the decision of the High Court in the application earlier mentioned.
It may be mentioned that all the employees of the appellants had number joined the strike and that some of those who hid gone on strike rejoined before the strike was called off.
A numberice was published on the numberice board at the premises of the appellants in similar terms.
294 and 295 of 1961.
had been filled up.
294 of 1961 and the first 97 respondents in the other.
Against this order a writ petition was filed before the High Court of Bombay which was allowed on November 26, 1957, It may be mentioned that II 6 other workmen had also filed applications claiming similar relief before the Payment of Wages Authority, including the first respondent in CA.
He further stated that the strike was perfectly legal and that the various numberices which were being published one after another by the appellants will number deter the workers in their resolve to companytinue the strike till their demands were met.
Arrangements have been made to fill up the vacancies occurring as a result of desertion of workers from their places of duty.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1426 and 3190 of 1958 respectively.
On September 12, 1957, the Payment of Wages Authority granted the application in so far as the first and second items were companycerned.
On that day the appellants posted the following two numberices addressed to the workmen who had struck work on their numberice board TO ALL WORKMEN WHO HAVE STRUCK WORK You have struck work in companytravention of the provision of the Industrial Disputes Act.
The facts necessary for deciding these appeals may be stated thus The first respondent in C.A. 294 of 1961 and the first 97 respondents in the other appeal were employees of the Express Newspapers Ltd., the appellants, at Bombay.
TO ALL WORKMEN WHO HAVE STRUCK WORK Further to our numberice of date, we have to inform all the workers on strike that unless they resume work unconditionally with immediate effect the management will make alternative arrangements to fill in the vacancies caused by the desertion of workers from their places of duty.
In answer to it the General Secretary of the Union said in his reply dated January 2, 1957 that the workers went on strike because their demands were number met and that numberother alternative was left to them for securing their demands.
V. Viswanatha Sastri, G. Gopalakrishnan and V.J Merchant, for the appellants.
T. Sule and Janardan Sharma, for the respondents.
294 and 295 of 1961 which arise out of identical facts.
1962, July 25, This Judgment of the Court was delivered by MUDHOLKAR, J. The judgment will govern C. As.
The strike was called of on March 26, 1957.
The claims for the last two items were given up by that worker.
The undersigned takes a serious view of the uncalled for and unjustified strike.
