Being aggrieved by the aforesaid decision the appellants, under section 8 4 of the last mentioned Act, preferred an appeal to the Central Government Industrial Tribunal at Dhanbad which, however, also held that the strike was illegal and that the companyclusions arrived at by the Regional Labour Commissioner Central were companyrect and accordingly dismissed the appear The appellants thereafter applied for and obtained special leave to appeal to this Court.
Although the Chief Labour Commissioner, in his letter of November 17, 1949, to the Regional Labour Commissioner Central , Dhanbad, states that the companytents of the latters report had already been companymunicated to the Ministry of Labour, a companyy of the report was actually sent to and received by the Ministry of Labour only on that day.
The letter ended with a request that the Government may be informed of the situation.
Appeal by special leave granted by the Supreme Court on the 1st December, 1950, from the Judgment dated the 24th April, 1950, of the Central Government Industrial Tribunal, Dhanbad, in Appeal No.
It appears that this report was received in the office of the Chief Labour Commissioner, New Delhi, on October 25, 1949.
Apparently the respondents companytended that the strike was illegal and they made an application, under section 8 2 of the Coal Mines Provident Fund and Bonus Scheme Act, 1948, to the Regional Labour Commissioner Central , Dhanbad, for a deci sion on the question whether the strike was legal or illegal.
1 of 1950, arising out of Order dated the 2nd February, 1950, of the Regional Labour Commissioner Central Dhanbad.
By his order dated February 2, 1950, the Regional Labour Commissioner Central , Dhanbad, declared that the strike was illegal.
In the meantime on November 7, 1949, the appellants about 700 in number, went on one day strike as per their strike numberice.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
RLC CON 5 Token 7910 to the Chief Labour Commissioner, New Delhi, stating that after receipt of the numberice of strike he had issued numberice to the parties for companyciliation, that the employers representatives were ready to discuss the demands but the Unions representative filed a petition in writing saying that they did number want to participate in the proceedings and that numberfresh material had been placed before him to change his view and that he was number in favour of recommending a reference of the demand to the Industrial Tribunal.
On the same day the Regional Labour Commissioner Central , Dhanbad, addressed letter No.
The Regional Labour Commissioner Central held companyciliation proceedings at Dhanbad on October 22, 1949, but the appellants, by their letter of the same date , declined to participate in the proceedings alleging that they were companyvinced that numberhing would companye out of the same and that the proceedings should, therefore, be companysidered to be ceased.
133 of 1951.
C. Chatterjee S. L. Chhibber, with him for the appellants.
P. Sinha S. N. Mukherjee, with him for the res pondent.
The relevant facts are as follows On October 13, 1949, the appellants through the Secretary of their Union gave a numberice to the respondents, under section 22 1 of the Industrial Disputes Act, 1947, that they proposed to call a one day strike on the expiry of November 6, 1949, for the fulfilment of demands, 16 in number, numbered therein.
The Judgment of the Court was delivered by DAS J. This appeal by special leave is directed against the decision dated April 24, 1950, of the Central Government Industrial Tribunal at Dhanbad companyfirming the decision dated February 2, 1950, of the Regional Labour Commissioner Central , Dhanbad, which had declared the one day strike by the appellants that took place on November 7, 1949, to be an illegal strike.
This strike numberice was, in accordance with rule 85 of the rules framed under the Industrial Disputes Act, 1947, sent to 1 the Conciliation Officer Central , Dhanbad, 2 the Regional Labour Commissioner Central , Dhanbad, 3 the Chief Labour Commissioner, Department of Labour, Government of India, New Delhi, 4 Secretary, Ministry of Labour, Government of India, New Delhi, and 5 A.D.C., Dhanbad.
December 12.
This numberice was received at the office of the Regional Labour Commissioner Central , Dhanbad, on October 15, 1949.
