Judgment

WANCHOO, J. : These are two connected appeals by special leave in an industrial matter and relate to the dismissal of sixty workmen of the appellant-company. The dispute was referred by two references; one relates to 31 workmen and the other to 29 workmen. They have been disposed of by a common award, though, as the references were two, there are two appeals before us.

2. The brief facts necessary for present purposes are these : On November 10, 1953, a general meeting was held by the workmen of the appellant and a no confidence motion was passed against the executives of the workmen s union and Shri Shahabuddin Bari was elected as the new president of the union. On February 6, 1954, the newly elected president served a strike notice on the management. On February 18, 1954, a settlement was arrived at between the management and Shri Fateh Narain Singh, the general secretary of the old executive committee. On February 23, 1954, the strike was launched in accordance with the notice served by Shri Bari and the strike continued for about a month. The strike was called off on March 19 to 20, 1954. The case of the appellant was that the strike which began on February 23, 1954, was