Judgement

S. R. DAS J. : This appeal by special leave is directed against the decision dated April 24, 1950 of the Central Government Industrial Tribunal at Dhanbad confirming the decision dated February 2, 1950 of the Regional Labour Commissioner (Central), Dhanbad, which had declared the one-day strike by the appellants that took place on November 7, 1949 to be an illegal strike. The relevant facts are as follows:

2. On October 13, 1949 the appellants through the Secretary of their Union gave a notice to the respondents, under S. 22(1), Industrial Disputes Act, 1947, that they proposed to call a one-day strike on the expiry of November 6, 1949 for the fulfillment of demands, 16 in number, noted therein. This strike notice was, in accordance with R. 85 of the Rules framed under the Industrial Disputes Act, 1947, sent to (1) the Conciliation Officer (Central), Dhanbad, (2) the Regional Labour Commissioner (Central), Dhanbad, (3) the Chief Labour Commissioner, Department of Labour, Government of India, New Delhi, (4) Secretary, Ministry of Labour, Government of India, New Delhi and (5) A. D, C., Dhanbad. This notice was received at the office of the Regional Labour Commissioner (Central) Dhanbad, on October 15, 1949. The Regional Labour Commissioner (Central) held conciliation proceedings at Dhanbad on October 22, 1949, but the appellants, by their letter of the same date, declared to participate in the proceedings alleging that they were convinced that nothing would come out of the same and that the proceedings should, therefore, be considered "to be ceased." On the same day the Regional Labour Commissioner (Central), Dhanbad, addressed letter No. RLC/CON 5 (Token) 7910 to the Chief Labour Commissioner, New Delhi, stating that after receipt of the notice of strike he had issued notice to the parties for conciliation, that the employers representatives were ready to discuss the demands but the Union s representative filed a petition in writing saying that they did not want to participate in the proceedings and that no fresh material had been placed before him to change his view and that he was not in favour of recommending a reference of the demand to the Industrial Tribunal. The letter ended with a request that the Government may be informed of the situation.

It appears that this report was received in the office of the Chief Labour Commissioner, New Delhi, on October 25, 1949. Although the Chief Labour Commissioner, in his letter of November 17,1949 to the Regional Labour Commissioner (Central), Dhanbad, states that the contents of the latter s report had already been communicated to the Ministry of Labour, a copy of the report was actually sent to and received by the Ministry of Labour only on that day. In the meantime on November 7, 1949 the appellants, about 700 in number, went on one-day strike as per their strike notice. Apparently the respondents contended that the strike was illegal and they made an application, under S. 8(2), Coal Mines Provident Fund and Bonus Scheme Act, 1948, to the Regional Labour Commissioner (Central), Dhanbad, for a decision on the question whether the strike was legal or illegal. By his order dated February 2, 1950, the Regional Labour Commissioner (Central), Dhanbad, declared that the strike was illegal. Being aggrieved by the aforesaid decision the appeallants, under S. 8(4) of the last mentioned Act, preferred an appeal to the Central Government Industrial Tribunal at Dhanbad which, however, also held that the strike was illegal and that the conclusions arrived at by the Regional Labour Commissioner (Central) were correct and accordingly dismissed the appeal. The appellants thereafter applied for and obtained special leave to appeal to this Court.

3. The only question raised on this appeal is whether the strike was illegal. Section 24 (1) of the Act provides, inter alia, that a strike shall be illegal if it is commenced or declared in contravention of S. 22 or S. 23 of the Act. Section 22(1) p