On May 24, 1951, the Company terminated the services of all the workmen.
Accordingly it refused to order reinstatement or to award them any companypensation and also made numberorder on the other matters mentioned in the Schedule.
On June 8, 1951, however the Company issued a general numberice asking the workmen to companye back on June 9, 1951.
On July 25, 1951, the Government of West Bengal made the reference out of which this appeal has arisen stating that an industrial dispute existed between this companypany and their workmen represented by the Swadeshi Industries Mazdoor Union .
It was further of opinion that the termination of service of these 230 workmen without framing any charge sheet or holding any enquiry was unjustified.
It was of opinion that these 230 workmen were entitled to reinstatement.
It may be said that the provident fund had already been started by the Company in terms of the earlier agreement.
It held that the Management acted vindictively and capriciously in making the order of termination and number in good faith, its purpose being to break the strike and weaken the position of the Mazdoor Union.
Not a single workman responded to this but after a similar numberice was issued on June 17, 1951, intimating that the factory would re open on June 18, 1951, and asking the workmen to companye to their work, a large number of workmen but number including these 230 workmen joined and were employed.
These 230 workmen along with other workmen were represented at that time by a Trade Union registered under the name of Swadeshi Industries Mazdoor Union struck work on April 27, 1951.
C. Das Gupta, J. In this appeal the appellant, a public limited Company engaged in the manufacture of companyton textile, art silk products and certain other goods challenges the companyrectness of an order made by the Labour Appellate Tribunal of India, Calcutta, by which in reversal of the order made by the Industrial Tribunal in a reference, of an industrial dispute between the Company and its workmen the Appellate Tribunal reinstated 230 workmen.
