Judgement

MITTER, J. : - This is an appeal by special leave against an award dated Tune 30, 1967 of the Third Industrial Tribunal, West Bengal, in Case No. VIII-87 of 1965 finding that the retrenchment of 12 workmen and the closure of the factory of the appellant were both illegal and unjustified. The Tribunal accordingly directed that the workers whose services had been purported to be terminated on the ground of closure must be deemed to be still in service of the company and they should receive all their wages and allowances with effect from the date when their services were terminated.

2. The two issues which were referred by the order of the Government of West Bengal dated April 23, 1965 under S. 10 of the Industrial Disputes Act between the appellant Company and their workmen were:

(1) Whether the closure of the factory at Barakar is bona fide and in the circumstances justified? To what relief, if any, are the workmen entitled?

(2) Whether the retrenchment of the following workmen is justified? To what relief, if any, are they entitled ?

(1) Kuldip Goala, (a) Chandra Bahadur (3) Gour Baidyakar, (4) Pradip Kumar Dey (5) Dular Chand Prasad, (6) Gangadhar Pandey, (7) Mahendra Bhagat,