The case of the Union.
Appeal by special leave from the Award dated May 4, 1962, of the 2nd Industrial Tribunal, West Bengal, in Case No.
The companyciliation failed because the appellant Company did number appear.
It may be pointed out that the Enquiry Officer recommended the dismissal of only 8 of these workmen.
C. Setalvad, N. C. Shah and B. P. Maheshwari, for the appellant.
L. Sen Gupta and Janardan Sharma, for the respondent.
A reference was made to the Labour Tribunal by the Government of West Bengal on April 21, 1961 of the following issue Whether the dismissal of the following workmen is justified what relief, if any, they are entitled to, and here followed the 11 names .
The Tribunal by its award held that there was numberlock out or lay off by the employer as was pleaded on behalf of the Union 1 1 Workmen had gone on a strike but it was number illegal and that the punishment of dismissal for this strike must be treated as victimization of the employees and was quite unjustified both in severity and in relation to the strike for one day.
Lastly, one A. K. Sarkar who was on leave till the 31st of December was excused because he was informed by Quigly that 2nd January would be a holiday.
The order setting aside their dismissal and reinstating them was passed.
Before the enquiry they were placed under suspension and at the instance of the Union a reference was made to the Labour Officer for companyciliation.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
They included the 1st of January.
The appellant Company carries on activity as engineers and companytractors in different parts of West Bengal.
970 of 1963.
All workmen were charged together and their defence more or less was that the day following the 1st of January was to be a holiday in accordance with the established practice, though three of them raised additional defences when asked to file separate defences.
The Judgment of the Court was delivered by Hidayatullah, J. This is an appeal by special leave against the award of the Second Industrial Tribunal, West Bengal dated May 4, 1962 by which the Tribunal set aside the dismissal of eleven workmen employed by the appellant Company and ordered their reinstatement with all back wages except wages for January 2, 1961.
VIII146 of 1961.
He was also warned and his absence was adjusted against leave due to him.
Whenever a holiday fell on a Sunday the usual practice was to make the following day a holiday and that is how the dispute arose over the 2nd of January which followed a Sunday in 1961.
We are companycerned with the dismissal of the permanent workmen from January 2, 1961.
It had at Sukchar a store yard and at the relevant time it employed 30 workmen at Sukchar of whom 11 were permanent and the remaining temporary.
According to the practice of the ,appellant Company fourteen days were holidays in each year.
