Judgment

WANCHOO, J.: These are two appeals by special leave against the same award of the First Industrial Tribunal. West Bengal and will be dealt with together, Appeal No. 425 of 1962 is by the employers and appeal No. 426 of 1962 is by the workmen. The employers will be referred to as the appellant throughout this judgment while the workmen will be referred to as the respondents. There was a dispute between the appellant and the respondents with respect to two matters, which were referred to the tribunal for adjudication by the Government of West Bengal in the following terms:-

1. To what relief the suspended workmen whose names are mentioned in list A are entitled?

2. Whether the termination of employment of the workmen whose names are mentioned in list B was justified? Are they entitled to reinstatement and/or compensation?

List A consisted of 29 workmen while list B consisted of 12 workmen.

2. The genesis of the dispute as to the suspended workmen was this according to the case of the appellant. The workmen of the weaving department of the appellant commenced slow down from October 28, 1957, in spite of the warning given by the appellant. On November 3, 1957, doffers of c