Judgment

DAS GUPTA, J. : On December 13, 1957, the Government of West Bengal referred under S. 10 of the Industrial Disputes Act the following dispute between M/s. Northbrook Jute Co., Ltd., and Dalhousie Jute Mills who are appellants before us and their workmen :

"Do the proposals of rationalisation in the above two mills involve any increase in workload? If so, what relief the workmen are entitled to?"

2. Almost a month before this the proposal of introducing a rationalisation scheme in the mills of these companies had been considered at an extraordinary meeting of the Works Committee and the Committee had agreed to the proposal. A notice under S. 9 the Industrial Disputes Act was then given by the companies to the Unions of their workmen and it was because the workmen objected to the introduction of the rationalisation scheme that the dispute arose and was referred by the Government to the Tribunal. On December 16 when the above reference was pending before the Tribunal the management of these mills put the rationalisation scheme into operation but the workmen refused to do the additional work placed on them by the scheme. Later the same day the mills declared a lock-out. Work was