The Baby Mill, the Banbury Mill and the Dual Auto Mills were manned by the workmen belonging to Union No.
which was being resisted by the Company.
The suspended workmen included these twelve workmen and ten others as already stated.
Appeal by special leave from the Award dated the September 29, 1962 of the Third Industrial Tribunal in Case No.
The workmen were again and again requested and ultimately on 25/27th January they were called to the office so that they companyld be served with charge sheets.
Eleven of these workmen belonged to what is known as the Dual Auto Mill and the twelfth was working on what is described as the Baby Mill.
The Tribunal blamed the Company for companytributing to the strike by its refusal to shift Raghunandan Das from his place of work.
464 of 1964.
They declined to accepted the charge sheets and were there and then placed under suspension.
C. Chatterjee, D. L. Sen Gupta and Janardan Sharma, for the respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
during the period they were out of employment treating the period as leave.
V. Viswanatha Sastri, Anand Prakash and D. N. Gupta, for the appellant.
VIII 197 of 1960.
This dispute was referred by the Government of West Bengal on July 20, 1960 under s. 10 of the Industrial Disputes Act, 1947.
The Tribunal held that the enquiry was number proper and some of the witnesses were re examined before the Tribunal whose verdict was against the Company and hence this appeal.
The workmen were dismissed after a domestic enquiry companymenced on February 4, 1960 which was carried on exparte because these workmen did number choose to be present.
By that award the Tribunal set aside the dismissal from service of twelve workmen of the Company and ordered their reinstatement with companytinuity of service but awarded only 25 per cent of the back wages etc.
4145, except one Raghunandan Das, Check No.
The Judgment of the Court was delivered by Hidayatullah, J. The Dunlop Rubber Co. Ltd. was granted on January 21, 1963 special leave to appeal against the award of the Third Industrial Tribunal, West Bengal dated September 29, 1962.
These workmen and several others stopped work from January 21, 1960 and they were placed under suspension on 25/27th January.
Ten other workmen were also dismissed but they were taken back on the intercession of the Government of Bengal.
