Judgment

P. B. GAJENDRAGADKAR, J. : This is an appeal by Special Leave against the order passed by the Labour Appellate Tribunal of India at Calcutta against the appellant under S. 23 of the Industrial Dispute (Appellate Tribunal) Act, 1950.

2. The respondents were the employees of the appellant. By their application, they complained that the appellant had illegally and unjustifiably dismissed them during the pendency of Appeal No. Cal. 167/53 before the Labour Appellate Tribunal at Calcutta without obtaining the express permission in writing of the Appellate Tribunal as required by S. 22 of the Act. The case of the respondents was that they had been victimised by the appellant for their trade union activities. On the other hand, the appellant alleged that the dismissal of the respondents was fully justified under S. 27 (5) of the Certified Standing Orders of the Colliery. Before the respondents were dismissed from service as from March 11, 1954, Mr. H. W. Briggs, Group Personnel Officer of the appellant had held a regular enquiry into the matter after supplying the formal charge-sheet to both the respondents. This enquiry was held in the presence of the respondents and full opportun