Judgement

WANCHOO J.: This appeal by special leave against the decision of the Labour Appellate Tribunal of India is limited to the question whether an order of reinstatement can be made on an application under S. 33-A of the Industrial Disputes Act, 1947, (hereinafter called the Act). The brief facts necessary for the decision of this question are these. The appellant is a Jute Mill. There was a dispute pending before an Industrial Tribunal between a number of jute mills in West Bengal and their employees, and the appellant was a party to that dispute. During the pendency of that dispute, the appellant laid-off the respondent who was an employee in the ration shop maintained by the appellant from 19-7-1954, as rationing of food-stuff came to an end from 10-7-1954. The reason for the lay-off was that the ration shop was closed following the end of rationing. This resulted in the staff in that shop becoming surplus. Consequently, nine persons were selected for retrenchment on the principle of "last come first go", and the respondent was one of them. The appellant who applied under S. 33 of the Act to the Industrial Tribunal for permission to retrench the respondent along with others.