JUDGMENT

Per Das Gupta, J.:-The appellant, a sugar mill company, made on 31 December 1956 an application under S.33 of the Industrial Disputes Act before the Industrial Tribunal, Bihar, Patna, for the dismissal of twenty-one workmen for misconduct in connexion with " go-slow " alleged to have been resorted to by the workmen of the factory from the midnight of 12 February to 18 February 1955. The tribunal held that actual participation in a " go-slow " had been established only against one of the workmen at the Donga end and that the " go-slow " at the later stages in which the other twenty workmen had been engaged occurred as a necessary consequence of this go-slow by one workman at the Donga end and was not a deliberate "go-slow" by them. The tribunal was of opinion also that the management was not acting bona fide and really was seeking to victimize active members of the union which the employer had refused to recognize. Accordingly, it refused permission in respect of twenty of the workmen and gave permission to dismiss only Nihora Dubey, a workman at the Donga. The correctness of this refusal is challenged before us in this appeal by special leave. The appellant s contention is