Judgement

BHARGAVA, J. :-On an industrial dispute referred to it, the Fifth Industrial Tribunal of West Bengal gave an award, which was published on September l9, 1955; under which 41 persons, including the 30 appellants who had been dismissed from service by the two Companies, which are respondents 1 and a in this appeal, were directed to be reinstated in service. Under the award, it was held that these appellants were entitled to half their salary from October 2, 1953 to the date of their actual resumption of duty. According to the appellants, they were not allowed to resume duty by the Companies, even though they offered to do so. The Companies did not admit that there was any such offer and went up in appeal to the Labour Appellate Tribunal and obtained an order of stay of implementation of the award from it. The Labour Appellate Tribunal dismissed the appeal, whereafter the Companies came in further appeal to this Court, and this Court also granted stay of the implementation of the award during the pendency of that appeal. After the final dismissal of the appeal by this Court, the appellants were allowed to resume their duty. Thereafter, a dispute arose as to the amount to whic