Judgment

GAJENDRAGADKAR, J. : This appeal by special leave arises from an industrial dispute between the appellant M/s. M. L. Bose and Co., Calcutta, and the respondents, its workmen. Five items of dispute were referred by the West Bengal Government to the Third Industrial Tribunal for its adjudication; the principal amongst them was in regard to the dismissal of 47 persons. The respondents urged that this dismissal was wrongful and illegal and the dismissed workmen were entitled to reinstatement. The other items of dispute were in regard to the scale of pay, dearness allowance, holidays and leave. The industrial tribunal has held that the dismissal of the 47 workmen was illegal and has directed their reinstatement. It has also ordered that the appellant should pay them 1/3 of their total emoluments for the period from the date of dismissal till reinstatement. In regard to the other items of dispute the tribunal has made appropriate orders. In the present appeal we are principally concerned with the order of reinstatement.

2. The appellant is a private limited company which manufactures Laxmibilas Hair Oil, Barley and other products. It is a small concern and carries on its business