Judgment

HIDAYATULLAH, J. :- The Dunlop Rubber Co. Ltd, was granted on January 21, 1968 special leave to appeal against the award of the Third Industrial Tribunal, West Bengal, dated September 29, 1962. By that award the Tribunal set aside the dismissal from service of twelve workmen of the Company and ordered their reinstatement with continuity of service but awarded only 25 per cent of the back wages, etc., during the period they were out of employment treating the period as leave. This dispute was referred by the Government of West Bengal on July 20, 1960 under S. 10 of the Industrial Disputes Act, 1947. The workmen were dismissed after a domestic enquiry commenced on February 4, 1960 which was carried on ex parte because these workmen did not choose to be present. The Tribunal held that the enquiry was not proper and some of the witnesses were re-examined before the Tribunal whose verdict was against the Company and hence this appeal.

2. Eleven of these workmen belonged to what is known as the Dual Auto Mill and the twelfth was working on what is described as the Baby Mill. These workmen and several others stopped work from January 21, 1960 and they were placed under suspension o