Judgement

HIDAYATULLAH, J. : By this appeal filed with the special leave of this Court, by the Meenglas Tea Estate against its Workmen, the Company seeks to challenge an award dated April 3, 1961, pronounced by the Seventh Industrial Tribunal, West Bengal. The order of reference was made by the Government West Bengal as far back as October 29, 1957, in respect of the dismissal of 44 workmen. The issue which was referred was as follows:

"Whether the dismissal of the workmen mentioned in the attached list is justified? What relief by way of reinstatement and/or compensation are they entitled to?"

2. From November 5, 1957, to August 17, 1960 this reference remained pending before the First Labour Court. It was then transferred to the Seventh Industrial Tribunal and the latter made the impugned award on April 3, 1961. By the time the award was made two of the workmen (Nos. 12 and 37) had died and four had been re-employed (Nos. 31, 33, 34 and 35). One of the workmen (No. 22) was not found to be a workman at all. The Tribunal held that the orders of dismissal of fourteen workmen were justified though retrospective effect could not be given to the orders. The Company was ordered to reinstat