Judgment

DAS GUPTA. J. : Two main questions arise in this appeal. The first is whether S. 42 (1) (g) of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, prohibits an employer from taking action agaist a workman for participation in an illegal strike before it is so declared under S. 41 of the Act. The second question is whether in an application made under S. 16 (3) of the Act the Labour Commissioner has jurisdiction to decide the legality or illegality of the strike.

2. On September 21, 1956 the first respondent in this appeal, the Burhanpur Tapti Mills Ltd., served a charge- sheet on one of its employees Sulemankhan Mullaji, who is the second respondent in the appeal alleging that he had instigated workers of the Weaving Department to go on an illegal strike earlier that day. After holding an enquiry into the matter the Manager came to the conclusion that the charge had been established being of opinion that this constituted misconduct under Cl. 25 (b) of the Standing Orders. Thereafter, the Manager ordered Sulemankhan to be summarily dismissed without notice and without compensation in lieu of notice. Sulemankhan made an application against this order to t