Hence this is an appeal by their Union.
Hence these appeals.
5th February, 1968.
2307 of 1969 Appeal by Special leave from the Award dated the 1st April 1969 of the Addl.
The companycerned workmen filed petitions under section 33C 2 of the Act for companyputation of their wages for the period of lay off.
We were informed at the Bar that some of the workmen out of the batch of 17 have settled their disputes with the management and their cases were number represented by the Union in this appeal.
627 and 629 of 1968 .
Appeals by Special Leave from the Judgment and order dated the 17th November 1969 of the Addl.
The lay off of the 17 workmen whose names were mentioned in the numberice was recalled by the management on the 22nd April, 1968.
K. Ramamurthi and Jitendra Sharma and Janardan Sharma, for the appellants in both the appeals.
These workmen are, therefore, laid off in accordance with law with effect from 5th February, 1968.
The lay off was lifted on the 29th April, 1968.
The workmen were number given their wages or companypensation for the period of lay off.
Industrial Tribunal, Delhi in I. D. No.
to the Distribution office.
The Presiding officer of the Additional Industrial Tribunal, Delhi has held that the workmen are number entitled to any lay off companypensation.
An industrial dispute was raised and referred by the Delhi Administration on the 17th April, 1968 even when the layoff was in operation.
In the Delhi office, there were 30 employees at the relevant time.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Civil Appeal No.
17 workmen out of 30 were laid off by the management as per their numberice dated the 3rd February, 1968, which was to the following effect Management is unable to give employment to the following workmen due to much reduced production in the companypanys factory resulting from strike in one of the factory departments.
As a result of the strike there was a short supply of tyres etc.
It manufactures tyres at its Bombay factory and sells the tyres and other accessories in the markets throughout the companyntry.
N. Andley, Rameshwar Nath and B. R. Mehta in CAs 1857 A 59/70 for respondents in both the appeals.
83 of 1968 and Civil Appeals Nos.
Labour Court, Madras in claim Petition Nos.
1857 1859/70.
2307 of 1969 The respondent companypany in this appeal has its Head office at Bombay.
The reference was in the following terms Whether the action of the management to lay off 17 workmen with effect from 5th Feb. 1968 is illegal and or unjustified, and if so, to what relief are these workmen entitled?
The Judgment of the Court was delivered by UNTWALIA, J. As the main question for determination in these appeals by special leave is companymon, they have been heard together and are being disposed of by this judgment.
The companypany has a Distribution office at Nicholson Road, Delhi.
