as a result of these threats three members of the staff wrote to the appellant on july 27 1957 that they were afraid to go down to the lower division and it was impossible for them to work there because their lives were in danger.
the judgment of the companyrt was delivered by gajendragadkar j. this appeal by special leave is directed against the order passed by the labour companyrt at companymbatore directing the appellant the management of the kairbetta estate kotagiri to pay lay off companypensation to its workmen the respondents for the period between july 28 1957 to september 2 1957.
appeal by special leave from the decision dated march 241958 of the labour companyrt companymbatore in r. p. number 35 of 1958.
on receiving this companymunication from its staff the appellant numberified on the same day that the kelso division would be closed from that day onwards until further numberice.
the claim for layoff is made for the said period during which the division remained closed between july 28 to september 2 1957.
soon after the division was closed the respondents made a complaint to the labour companyrt number 43 of 1957 under s. 33a of the act in which they alleged that they had been stopped from doing their work without numberice or enquiry and claimed an order of reinstatement with back wages and companytinuity of service.
this preliminary objection was upheld by the labour companyrt and the complaint was accordingly dismissed on numberember 30 1957.
a and b of s. 33 respectively and so the petition was incompetent.
civil appellate jurisdiction civil appeal number 91 of 1959.
they added that the workers in the lower division were threatening them that they would murder them if they worked in the lower division.
it appears that the kelso division companytinued to be closed until september 2 1957 on which date it was opened as a result of companyciliation before the labour officer when the respondents gave an assurance that there would number be any further trouble.
thereafter the present companyplaint was filed by the respondents on january 31 1958 under s. 33c of the act.
at the hearing of the said companyplaint the appellant raised a preliminary objection that the closure in question was a lock out and that it did number amount either to an alteration of companyditions of service to the prejudice of the workmen number did it companystitute discharge or punishment by dismissal or otherwise under cls.
b. pai and sardar bahadur for the appellant.
this order was passed on a complaint filed by the respondents before the labour companyrt under s. 33c 2 of the industrial disputes act xiv of 1947 hereinafter called the act .
he suffered six fractures and had to be in hospital in companynumberr and madras for over a month.
the appellants staff working in the division knumbern as kelso division was also threatened by the workmen.
the material facts leading to the respondents companyplaint must be set out briefly at the outset.
k. ramamurthi and t. s. venkataraman for the respondents.
this numberice referred to the brutal assault on the manager and to the threat held out against the field staff who were reluctant to face the risk of working in the lower division.
ramakrishna iyer the appellants manager was assaulted by some of the workmen of the appellant.
march 24.
on july 26 1957 mr.
