The expression "workmen concerned in such dispute" in S. 33(1)(a) of the Industrial Disputes Act, 1947, includes all workmen on whose behalf the dispute has been raised as well as those who would be bound by the award in the said dispute.

Judgment

GAJENDRAGADKAR, J. : This appeal by special leave is directed against the order passed by the Additional Industrial Tribunal, Delhi, directing the appellant M/s. New India Motors Private Ltd., to reinstate its former employee K. T. Morris, the respondent, in his original post as field service representative and to pay him his back wages from the date of his dismissal till the date of his reinstatement. This award has been made on a complaint filed by the respondent against the appellant under S. 33A of the Industrial Disputes Act XIV of 1947 (hereinafter called the Act). It appears that before joining the appellant the respondent was working with a firm in Calcutta; prior to that he was field service representative of M/s. Premier Automobiles Ltd., Bombay. The respondent joined the service of the appellant sometime in May 1954 as Works Manager. Before he joined the services of the appellant he had been told by the appellant by its letter dated March 27, 1954, that the appellant would be willing to pay him Rs. 350/- per month and something more by way of certain percentage on business. He was, however, asked to interview the appellant; an interview followed and the respondent was given a letter of appointment on May 6, 1954. By this letter he was appointed as Workshop Manager in the appellant s firm on three months probation subject to the terms and conditions specified in the letter of appointment (Ex. W-2). The respondent continued in this post till February 28, 1955, when he was given the assignment of the appellant s field service organiser with effect from March 1, 1955. A letter of appointment given to him on 28-2-1955 set forth the terms and conditions of his new assignment. It appears that on April 18, 1956, the management of the appellant called for an explanation of the respondent in respect of several complaints. An explanation was given by the respondent. It was, however, followed by another communication from the appellant to the respondent setting forth specific instances of the respondent s conduct for which explanation was demanded. The respondent again explained and disputed the correctness of the charges. On June 30, 1956, the respondent s services were terminated on the ground that the appellant had decided to abolish the post of field service representative. It is this order which gave rise to the respondent s complaint under S. 33A of the Act. The complaint was filed on July 18, 1956. The respondent involved S. 33A because his case was that at the time when his services were terminated an industrial dispute was pending between the appellant and 7 of its employees and the respondent was one of the workmen concerned in the said industrial dispute. The said industrial dispute had reference to the termination of the services of the said 7 employees who were working with the appellant as apprentices. On their behalf it was alleged that their termination of service was improper and illegal and that was referred to the industrial tribunal for its adjudication on August 20, 1955. The said dispute was finally decided on January 2, 1957.With the merits of the said dispute or the decision thereof we are not concerned in the present appeal. According to the respondent, since he was a workman concerned in the said dispute S. 33 (1) (a) applied and it was not open to the appellant to terminate his services save with the express permission in writing of the authority before which the said dispute was pending. It was on this basis that he made his complaint under S. 33A of the Act.

2. Before the tribunal the appellant urged that the respondent was not a workman as defined by the Act, and on the merits it was contended that the appellant had to abolish the post of the field service organiser owing to the fact that a part of the agency work of the appellant had been lost to it. On the other hand, the respondent contended that he was a workmen under the Act and the plea made by the appellant about the necessity to abo