Judgment

Das Gupta, J.-The appellant, a Sugar Mill Company, made on December 31, 1956, an application under section 33 of the Industrial Disputes Act before the Industrial Tribunal, Bihar, Patna for the dismissal of 21 workmen for misconduct in connection with "go slow" alleged to have been resorted to by the workmen of the factory from the midnight of February 12. to the February 18, 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 20 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 buna fide and really was seeking to victimise active members of the Union which the employer had refused to recognise. Accordingly, it refused permission in respect of 20 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 convention is two-fold.