Judgment

DAS GUPTA, J. : In this appeal the appellant, a public limited Company engaged in the manufacture of cotton textile, art-silk products and certain other goods challenges the correctness of an order made by the Labour Appellate Tribunal of India, Calcutta, by which in reversal of the order made by the Industrial Tribunal in a reference of an industrial dispute between the Company and its workmen the Appellate Tribunal reinstated 230 workmen. These 230 workmen along with other workmen were represented at that time by a Trade Union registered under the name of Swadeshi Industries Mazdoor Union struck work on April 27, 1951. On May 24, 1951, the Company terminated the services of all the workmen. On June 8, 1951, however the Company issued a general notice asking the workmen to come back on June 9, 1951. Not a single workman responded to this; but after a similar notice was issued on June 17, 1951, intimating that the factory would re-open on June 18, 1951 and asking the workmen to come to their work, a large number of workmen but not including these 230 workmen joined and were employed. On July 25, 1951, the Government of West Bengal made the reference out of which this appeal