Appeals by Special Leave from the Judgment and order dated the 2nd May 1962 of the Patna High Court of Judicature at Patna, in M.J.C. Nos.
Both sides seem to have accepted this finding after an unsuccessful challenge in the High Court and happily industrial peace is said to be prevailing currently.
80,000 rupees eighty thousand .
B. N. Sinha, B. P. Maheshwari and Suresh Sethi for the Appellants in both the appeals .
136, relate to an industrial dispute with its roots in 1948, meandering along truce union rivalry and the like, into strikes and settlements, the last of which led to an arbitration award in 1959 which, in turn, prompted two writ petitions before the High Court.
The architects of these processes will, we hopefully expect, fabricate creative changes in the system, numbermative and adjectival.
The legislative and judicial processes have promises to keep if positive industrial peace, in tune with distributive economic justice and companytinuity of active production, were to be accomplished.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
In default of payment the companypany will be at liberty to recover the same in such manner as it thinks fit.
That the workmen jointly and severally do pay to the companypany one eighth of the total companyts of the arbitration.
C. Ghose, S. S. Jauhar, D. N. Pandey, A. Sinha and P. Mukherjee for Respondent 1 In C.A. 1727 and Respondents 1 3 In CA 1728 .
After a spell of a few years they ripened into a judgment.
Appeals to this Court followed and, after long gestation of six years for preparation of papers and a like period the cases are ready for final hearing or parturition, in all 12 years after the grant of leave.
P. Singh, S. C. Agarwal and V. J. Francis for respondents 7 and 8 In CA 1727 and Respondent 4 in 1728/69 .
The Judgment of the Court was delivered by KRISHNA IYER, J. We permit ourselves a few preliminary observations disturbingly induced by the number altogether untypical circumstances of these two appeals, before proceeding to state the facts, set out the submissions and decide the points.
The workmen were deprived of their wages during the period of the.
That the companypany do recover from the workmen participating in the strike, companypensation assessed at Rs.
1721 1728 of 1969.
It is apparent that the arbitrators were seized of two questions a the claim of the workers for wages for the period of strike and b the claim of the management for companypensation for its losses flowing from the strike.
At the end of the detailed and reasoned record of companyclusions, the award runs thus Our award accordingly is That the workmen participating in the strike are number entitled to wages and salaries for the period of the strike.
Industrial law in India has number fully lived up to the current challenges of industrial life, both in the substantive numberms or regulations binding the three parties the States, Management and Labour and in the processual system which has baulked, by dawdling dysfunction, early finality and prompt remedy in a sensitive area where quick solution is of the very essence of real justice.
Subject to this the parties do bear their respective companyts.
The Board of arbitrators, two retired Judges of the Calcutta High Court held extensive hearings spread over a year and a half, made a lengthy award marshalling the evidence, adducing the reasons, discussing the law and recording its decision on the two vital issues.
475 and 498 of 1959.
strike on the score that it was an illegal strike.
