Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the decision of the Labour Appellate Tribunal of India setting aside the award of the Industrial Tribunal, Assam, in the matter of an industrial dispute between the Management of Itakhoolie Tea Estate and its workmen.

2. The facts lie in a small compass. The Government of Assam by a Gazette notification dated October 13, 1952, referred the dispute between the said parties under S. 10(1) (c) of the Industrial Disputes Act (XIV of 1947) to the Judge, Industrial Tribunal, Assam, for adjudication on the following issues :

"(1) Whether the management of Itakhoolie Tea Estate was justified in declaring a lock-out in the garden from 13th September to 25th September, 1952.

(2) If not, are the workmen involved entitled to wages for the above period."

The said dispute between the management and the workmen of the Tea Estate arose under the following circumstances. On September 5, 1952, at 12 noon, the labourers wanted leave on the ground that it was raining, but the manager of the Estate refused to give the leave and directed them to pluck leaves in the afternoon also. The labourers did not do any work in the afternoon on t