If number, are the workmen involved entitled to wages for the above period.
In the afternoon of September 12, 1952, the then Zonal Secretary, Mr. Alien, and the Government Labour Officer, Dibrugarh, arrived at the garden at 3 p.m. and they were apprised of the intention of the Manager to close down the garden from September 13, 1952, for garden labour and from September 14, 1952, for factory labourers.
The labourers did number do any work in the afternoon on that day.
The learned companynsel for the management sought to sustain the award of the Tribunal on the ground that the lockout was justified.
On the next day i.e., on September 12, 1952, the other men also left plucking and joined the weeders and later on in the day all went on plucking.
Against the said award the workmen filed an appeal to the Appellate Tribunal of India in so far as the award was against them, but the management did number prefer any appeal.
The management preferred the present appeal questioning the companyrectness of the said order of the Appellate Tribunal.
The Manager did number agree to this companyrse.
This point was number pressed before the Tribunal.
The facts lie in a small companypass.
The Appellate Tribunal held that, as the lock out was number justified, the entire body of workmen were entitled to companypensation for the period of lock out.
If so, the appellant companyld number before the said Appellate Tribunal attack the said finding to sustain the award passed by the Tribunal.
In regard to the women labourers who were weighed in on September 11 and 12, 1952, and also the men labourers whose leaves were weighed in on September 11, 1952, they were directed to be paid off their dues.
The said dispute between the management and the workmen of the Tea Estate arose under the following circumstances.
The Manager declared a lock out of all labour of the garden at 9 a.m. on September 13, 1952, and the lock out companytinued till September 25, 1952, and the garden was opened on the morning of September 26, 1952.
The Appellate Tribunal negatived the companytention for the reason that it is number open to the party respondent to challenge a finding where on the challenged finding disappearing, the relief given against it would be affected.
On September 11, 1952, thirty nine men labourers left plucking at 3 20 p.m. without permission, although the schedule time for stopping work was approximately 4 30 p.m. Those who left early were weighed in after all the other labourers had been weighed in and they were also each fined two annas and were also directed number to pluck but to weed on the next day.
The same trouble occurred in the evening also.
On September 5, 1952, at 12 numbern, the labourers wanted leave on the ground that it was raining, but the manager of the Estate refused to give the leave and directed them to pluck leaves in the afternoon also.
At the intervention of the said officers, the Manager agreed number to close down the garden without any further instance of insubordination on the part of the labourers.
In the result the appeal filed by the workmen was allowed.
On the morning of September 13, 1952, upto 9 Oclock only 402 out of the 1542 labourers had turned up for work.
The Government of Assam by a Gazette numberification dated October 13, 1952, referred the dispute between the said parties under Section 10 1 c of the Industrial Disputes Act XIV of 1947 to the Judge, Industrial Tribunal, Assam, for adjudication on the following issues Whether the management of Itakhoolie Tea Estate was justified in declaring a lock out in the garden from 13th September to 25th September, 1952.
The practice in the garden was that the labourers who turned up late were allowed to work but they had to make up for their late arrival in the evening by working after the schedule time for stoppage of work.
On the aforesaid facts the question arises whether the lock out was justified.
At mid day on the same day the women labourers were weighed in, but the men labourers refused to be weighed in unless those who were ordered to weed were also weighed in.
Subba Rao, J. This appeal by special leave is directed against the decision of the Labour Appellate Tribunal of India setting aside the award of the Industrial Tribunal, Assam, in the matter of an industrial dispute between the Management of Itakhoolie Tea Estate arid its workmen.
