Judgement

      Patanjali Sastri C.J.I.- This is an appeal by special leave from a decision dated 22-9-1952 of the Labour Appellate Tribunal of India at Calcutta setting aside an award dated 9-2-1952 made by the Industrial Tribunal constituted 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.

2. The facts leading to this appeal may be briefly stated. Several other disputes between the parties had already been referred on 21-2-1950 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 commenced a general strike on 18-4-1951 in connection with a fresh dispute. Thereupon notice was issued to the strikers that unless they returned to work by 24-4-1951, they would be deemed to have left service of their own accord. That notice having been ignored by the strikers a second notice was issued to them on 27-4-1951 terminating their service. The Government of India