Appeal by special leave granted by the Supreme Court on the 16th October, 1952, from the decision dated the 22nd December, 1952, of the Labour Appellate Tribunal of India at Calcutta in Appeals Nos.
70/52, arising out of the award dated the 9th February, 1952, of the Chairman, Industrial Tribunal, Delhi.
of the aforesaid 150 employees, and that Tribunal, after calling for the statements of case on behalf of the parties and hearing them, made an award on February 9, 1951, refusing reinstatement on the sole ground that the respondents had gone on an illegal strike in companytravention of section 23 b of the Industrial Disputes Act, and that the Bank was entitled to dismiss them.
S. B. Chari and Hardyal Hardy for the respondents.
C. Setalvad Attorney General for India and C. Chatterjee B. L. Agarwal, with them for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Government of India thereupon intervened, and as a result of the discussions held between the Government officials and the Bank, the latter agreed to take back all the employees except 150 against whom the Bank had objections on account of their alleged subversive activities and other objectionable and unlawful companyduct before and during the strike.
366/51, Cal.
On July 2, 1951, the Government of India companystituted a Tribunal to decide the questions regarding the dismissals etc.
Thereupon, numberice was issued to the strikers that unless they returned to work by April 24, 1951, they would be deemed to have left service of their own accord.
April 10.
181 of 1952.
69/52 and Cal.
That numberice having been ignored by the strikers a second numberice was issued to them on April 27, 1951, terminating their service.
The Judgment of the Court was delivered by PATANJALI SASTRI C. J. This is an appeal by special leave from a decision dated September 22, 1952, of the Labour Appellate Tribunal of India at Calcutta setting aside an award dated February 9, 1952, made by the Industrial Tribunal companystituted to adjudicate on certain disputes between the appellant, the Punjab National Bank Ltd., Delhi hereinafter referred to as the Bank and its workmen, the respondents represented by their Union.
Several other disputes between the parties had already been referred on February 21, 1950, to another Industrial Tribunal presided over by Sri K. S. Campbell Puri, and during the pendency of the proceedings before the said Tribunal, the Bank alleged that the respondents along with other workmen numbering more than a thousand illegally companymenced a general strike on April 18,1951, in companynection with a fresh dispute.
The respondents appealed to the Labour Appellate Tribunal at Calcutta which, while agreeing with the Industrial Tribunal that the strike was illegal, held that it was companydoned by the Bank and it was, therefore, number open to it to justify the dismissal of the respondents on the ground that they had participated in the illegal strike.
