Judgment

MUDHOLKAR, J. : This judgment will govern C. As. 294 and 295 of 1961 which arise out of identical facts. The facts necessary for deciding these appeals may be stated thus:

2. The first respondent in C.A. 294 of 1961 and the first 97 respondents in the other appeal were employees of the Express Newspapers Ltd., the appellants, at Bombay. On December 31, 1956, all the employees of the appellants went on strike because three demands which were made by them on the previous day were not granted by the appellants. On that day the appellants posted the following two notices addressed to the workmen who had struck work on their notice board :

"To ALL WORKMEN WHO HAVE STRUCK WORK

You have struck work in contravention of the provision of the Industrial Disputes Act. The undersigned takes a serious view of the uncalled for and unjustified strike.

If you do not resume work immediately the management will be free to take such action as it deems fit in the matter."

"TO ALL WORKMEN WHO HAVE STRUCK WORK

Further to our notice of date, we have to inform all the workers on strike that unless they resume work unconditionally with immediate effect the management will make alternative arrangements to