Judgment

P. B. GAJENDRAGADKAR, J. : This appeal by special leave arises out of an industrial dispute between the appellant,M/s. D. Macropollo and Co. (Private) Ltd., and Respondent No. 1, its workmen as represented by D. Macropollo and Co. (Private) Ltd., Employees Union. On 31-5-1957, this dispute was referred to the First Labour Court by the Government of West Bengal under Ss. 7 and 10 of the Industrial Disputes Act (No. XIV of 1947). The two questions which were referred to the Labour Court were:

(1) Is the termination of services of the fourteen workmen (whose names were given in the reference) justified? and

(2) what relief were the discharged employees entitled to?

Before the Labour Court, the Employees Union urged that the discharge of the fourteen employees amounted to an act of victimisation and unfair labour practice. On the other hand, the appellant urged that the discharged employees were not workmen within the meaning of the Act and so the reference made by the Government of West Bengal was invalid. It was also contended by the appellant that the impugned discharge of the fourteen employees was not at all an unfair labour practice; it was in fact a bona fide act on the p