After the final dismissal of the appeal by this Court, the appellants were allowed to resume their duty.
The appellants then filed a petition under Article 226 of the Constitution in the High Court of Calcutta challenging the companyrectness of the view taken by the Second Labour Court.
Appeal from the judgment and order dated July 22, 1963 of the Calcutta High Court in Appeal from Original Order No.
Thereafter, a dispute arose as to the amount to which the appellants were entitled under the award until the date of resumption of duty by them.
1947 No.
This preliminary objection was accepted by the Second Labour Court which held that it had numberjurisdiction to make any order on the applications presented by the appellants.
The appellants have number companye up to this Court by special leave against this order of the Division Bench of the Calcutta High Court by which it has been held that the Second Labour Court had numberjurisdiction to deal with these applications of the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
370 of 1967.
58 of 1963.
Udayaratnan and A. P. Chatterjee, for the appellants.
The Labour Appellate Tribunal dismissed the appeal, where after the Companies came in further appeal to this Court, and this Court also granted stay of the implementation of the award during the pendency of that appeal.
of their actual resumption of duty.
Under the award, it was held that these appellants were entitled to half their salary from October 2, 1953 to the date.
The Judgment of the Court was delivered by Bhargava, J. On an industrial dispute referred to it, the Fifth Industrial Tribunal of West Bengal gave an award, which was published on September 19, 1955, under which 41 persons, including the 30 appellants who had been dismissed from service by the two Companies, which are respondents 1 2 in this appeal, were directed to be reinstated in service.
R. Gokhale and D. N. Mukherjee, for respondents Nos.
The Companies did number admit that there was any such offer and went up in appeal to the Labour Appellate Tribunal and obtained an order of stay of implementation of the award from it.
The appellants, by separate applications, applied to the Second Labour Court, West Bengal, for determination of the amounts due to them under section 33C 2 of the Industrial Disputes Act.
According to the appellants, they were number allowed to resume duty by the Companies, even though they offered to do so.
