In the result, he directed the appellant to pay to each of the two respondents the 2/3rd of his basic wages and dear ness allowance for the entire period, from the date of his dismissal up to the date when the order would become enforceable and also directed that the respondents should get everything that they were entitled to at the date on which they were dismissed by way of provident fund, gratuity, etc.
It is this order which is challenged before us by the appellant in the present appeal.
It appears that the incidents which gave rise to the charge sheet against the respondents and the enquiry held by the appellant against them subsequently became the subject matter of criminal proceedings and in those proceedings the two respondents have been companyvicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two months each and to pay a fine of Rs.
By their application, they companyplained that the appellant had illegally and unjustifiably dismissed them during the pendency of Appeal No.
The case of the respondents was that they had been victimised by the appellant for their trade union activities.
On the other hand, the appellant alleged that the dismissal of the respondents was fully justified under Section 27 5 of the Certified Standing Orders of the Colliery.
The appellant denied that there was any victimisation against the respondents or that they had been punished for their trade union activities.
The enquiring officer was satisfied that the charges of riotous and disorderly behavior and of assault framed against the respondents were fully established.
20 each, in default to undergo a further rigorous imprisonment of one month each.
167/53 before the Labour Appellate Tribunal at Calcutta without obtaining the express permission in writing of the Appellate Tribunal as required by Section 22 of the Act.
The respondents were the employees of the appellant.
B. Gajendragadkar, J. This is an appeal by Special Leave against the order passed by the Labour Appellate Tribunal of India at Calcutta against the appellant under Section 23 of the Industrial Disputes Appellate Tribunal Act, 1950.
