Judgment

GAJENDRAGADKAR, J. : The appellant, Newspapers Ltd., Allahabad, publishes three newspapers viz., the Leader, the Bharat and the Sangam. The Sangam, was an unprofitable publication, and due to financial stringency caused by the loss incurred on it the appellant had to close its publication. In consequence the appellant retrenched thereof its employees who are respondents 3 to 5. On behalf of the said employees an industrial dispute was raised and it was referred by the State Government for adjudication under its notification issued on January 15, 1953, under Ss. 3, 4 and 8 of the U. P. Industrial Disputes Act, 1947, and in pursuance of Cl. 10 of the Government Order of March 15, 1951. The industrial tribunal held that the appellant was not guilty of victimisation, but nevertheless it found that in retrenching respondents 3 to 5 the appellant had not followed the industrial principle of first come last go . According to the tribunal respondents 6 to 8 who were junior to respondents 3 to 5 should have been first retrenched; and since no satisfactory explanation was given as to why respondents 3 to 5 were retrenched instead of respondents 6 to 8 the tribunal directed the appel