Judgement

BHAGWATI. J. - These two appeals by Special Leave arise out of an order of the Labour Appellate Tribunal of India, Lucknow Bench, by which it dismissed the application of the appellant under S.22 of Industrial Disputes (Appellate Tribunal) Act, 1950, hereinafter referred to as the Act, for permission to dismiss the respondents from its employ and allowed the application of the respondents under S.23 of the Act for reinstatement.

2. The respondent are 76 employees of the appellant, a limited company Sugar Mills situated in village Chitauni in the district of Deoria and were working in the engineering department of the mills in the mill house, boiling house and the workshop sections. There were disputes between the appellant its workmen and, on the date in question, i.e. 27th May 1952, there was pending before the Labour Appellate Tribunal an appeal which was registered as Cal. 101/51. It appears that one Motilal Singh, an employee of the appellant, had been dismissed by it some time prior thereto and he had been inciting the workmen to make common cause with him, and, at a meeting held the previous night, some sort of action had been decided upon. When the workmen of the app