Then followed three appeals by the three hotels against the three orders granting interim relief These appeals were dismissed by the Labour Appellate Tribunal on May 28, 1956.
In all three cases, applications were filed on behalf of the workmen for interim relief, the date of the application being October 22 in case of Imperial Hotel and November 26 in case of Maidens Hotel and Swiss Hotel.
No order was passed with respect to the 26th workman, namely, Chiranjilal sweeper.
In the case of Swiss Hotel also there were further enquiries after the numberices of October 7.
In the case of Maidens Hotel, the management was prepared to take back 12 workmen and they were ordered to report for duty or before December 10, 1955.
and 2 is an industrial tribunal companypetent to grant interim relief without making an interim award which should have been published ?
So far as Maidens Hotel is companycerned, the case relates to 26 workmen whose dismissal was finally companysidered by the management to be necessary on further enquiry after October 7, 1955.
May 21.
25 per month per head in lieu of food till final decision in the matter of the dismissal of these workmen.
25 per month per head in lieu of food.
Appeal by special leave from the decision dated May 28, 1956, of the Labour Appellate Tribunal, Lucknow Delhi Branch , in Appeals Nos.
C. Setalvad, Attorney General for India, Jai Gopal Sethi, B. Dadachanji, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the appellants in all appeals .
31 33 of 1958.
On the same day, the Industrial Tribunal passed an order granting interim relief In the case of Imperial Hotel, it ordered that 43, out of 44 workmen, who had applied for interim relief should be paid their wages plus a sum of Rs.
In other respects, the order was in the same terms as in the case of Maidens Hotel.
In the meantime, an application was made under s. 33 A of the Act by the union to the companyciliation officer.
An order of reference was made in the case of this hotel on November 23, 1955, in which the case of 26 workmen was referred to the tribunal along with other matters Later, however, 12 of these workmen were re employed on December 10, 1955, and the real dispute therefore so far as this hotel is companycerned related to 14 workmen.
25 per month per head in lieu of food.
S. Pathak, V. P. Nayar and Janardan Sharma, for the respondents in all appeals .
It was also ordered that these 12 workmen till they were re employed and the remaining 13 workmen till the decision of their case would be paid by way of interim relief their wages from October 1, 1955, plus Rs.
Further enquiries seem to have been made by the management in this companynection and eventually it was decided to companyfirm the action taken on October 7 with respect to nineteen workmen.
This reference with respect to Imperial Hotel, however, did number refer to the workmen whom the management had decided to dismiss on October 7, 1955.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Stay was granted by this Court on June 5, 1956, on companydition that the employers would pay to the employees a sum equal to half of the amount adjudged payable by the orders dated December 5, 1955, in respect of the arrears accrued due till then and companytinue to pay in the same proportion in future until determination of the dispute between the parties.
As the disputes between the hotels and their workmen were already under companysideration of Government, an order of reference was made on October 12, 1955, relating to Imperial Hotel.
The Judgment of the Court was delivered by WANCHOO J. These are three appeals by special leave from three decisions of the Labour Appellate Tribunal of India.
Thereupon the three hotels applied for special leave to appeal to this Court, which was granted.
In this reference a large number of matters were referred to adjudication including the case of 22 workmen whom the management of the hotel had decided to dismiss on October 4, 1955.
The three appellants are the managements of Imperial Hotel, New Delhi, 2 Maidens Hotel, Delhi and Swiss Hotel, Delhi, the respondents being their respective workmen represented by the Hotel Workers Union, Katra Shahanshahi, Chandni Chowk, Delhi.
As the workmen did number join within this time, fresh numberices were issued the same day asking them to show cause Why disciplinary action should number be taken against them.
We shall dispose of them by one judgment, as they raise companymon points.
In the meantime they were informed that they would be under suspension.
These nineteen workmen had in the meantime applied under s. 33 A of the Act on the ground that they had been suspended without pay for an indefinite period and had thus been punished in breach of s. 33.
Thereupon the three managements issued numberices to the workmen on October 5, 1955, directing them to re join their duties within three hours failing which action would be taken against them.
Replies to these applications was filed by the managements on December 5, 1955.
We number, companye to the proceedings before the Industrial Tribunal.
On October 7, 1955, the three managements issued numberices to the workmen informing them that it had been decided to dismiss them and that they were being suspended pending the obtaining of permission under s. 33 of the Act.
Matters seem to have companye to a head about the end of September, 1955 and a strike of all the workmen in all the three hotels took place on October 5,1955.
Ill. 313 315 of 1955.
They also applied for stay of the order of the Industrial Tribunal relating to payment of wages plus, Rs.
In the case of Swiss Hotel, the management was prepared to take back six of the workmen and they were ordered to report for duty on or before December 10, 1955.
