Judgment

GAJENDRAGADKAR, J. : This appeal by special leave arises from an industrial dispute between the appellant, the Tea Districts Labour Association, and the respondents the ex-employees of the appellant and another. The dispute which was referred to the industrial tribunal for its adjudication consisted of two items :-

"(a) Whether the retrenchment of ten workers of Koraput and Ganjam agencies of Tea Districts Labour Association effected on the 30th November, 1956, was justified, if not, to what relief those workers are entitled?

(b) Whether the closure of the Koraput and Ganjam agencies contemplated by Messrs. Jardine Henderson Ltd., Secretaries, Tea Districts Labour Association with effect from the 31st May, 1957, is bona fide : If so, whether the affected workers are entitled to some other alternative employment in any other establishment under the same management. If not bona fide, to what relief those workers are entitled?"

On this reference the award which was passed by the Tribunal directs the appellant to pay to the ten retrenched workmen all the pay and allowances to which they were entitled from November 30, 1956 to May 31, 1957, and it further orders the appellant to pa