Judgment

WANCHOO, J. : This is an appeal by special leave against the order of the Central Government Industrial Tribunal, Dhanbad. The brief facts necessary for present purposes are these. A dispute was referred by the Central Government under S. 10 of the Industrial Disputes Act, No. 14 of 1947, (hereinafter referred to as the Act) with reference to the thirteen workmen involved in this appeal in the following terms :-

"Whether the dismissal of the following thirteen workmen of Bhatdee Colliery was justified? If not, to what relief are they entitled and from which date?"

It appears that the thirteen workmen had physically obstructed the surface trammers working in the colliery on different dates, namely, October 20, October 27 and November 3, 1959. Some of them had also incited the other workmen to join in this act of obstructing the loyal and willing trammers so that they may be prevented from working. This happened during a strike which was begun on October 20, 1959 by the Colliery Mazdoor Sangh to which the thirteen workmen in question belonged. In consequence the appellant served charge-sheets on thirteen workmen on November 9, 1959 charging that "they physically obstructed the