Judgement

VAIDIALINGAM, J.: In this appeal, by special leave, the question, that arises for consideration, is as to whether the award of the Labour Court, Allahabad, dated September 16, 1965, directing the reinstatement of six workmen, referred to in the order of reference is justified.

2. The facts leading up to the award may be referred to. There was a strike, in the establishment of the appellant company, from March 18, 1964. There was a meeting of the District Industrial Relations Advisory Committee, on March 29, 1964, presided over by the District Magistrate of the area. Representatives of the management and the workmen, attended the said meeting. The proceedings of the meeting show that the Advisory Committee decided to appeal to the appellant not to take any action against the workers, on the ground that they had gone on strike, from March 18, 1964. There was an appeal to the District Magistrate, Allahabad, to release, as a gesture of goodwill, the arrested employees of the company, who were not involved in violence. The Union, representing the workers of the appellant, in turn decided to call off the strike and directed the workmen to resume work with effect from the morning of March 30, 1964. There is no controversy that the strike was called off, and certain workers, who had been arrested in connection with the strike were also released from jail, on March 29, 1964 itself. This strike will be referred to, as the first strike in the course of this judgment.

3. On March 20, 1964, the respondent Union had given to the appellant another notice, stating that the workmen of the appellant company would be going on a token strike, for one day, after fourteen days of the receipt of the notice, in sympathy with the workers of the Swadeshi cotton Mills, Naini. The exact date, on which the strike was to take place, was not given in the notice, as required under sub-section (4) of Sec. 68 of the U. P. Industrial Disputes Act 1947 (hereinafter referred to as the Act) On April 9, 1964, the respondent Union again intimated to the management about the workmen s intention to go or strike on April 10, 1964, and offered to work on a Sunday, so that there would be no loss of production; but the management intimated the Union that the factory would work on April 10, 1964. A token strike actually took place, on April 10, 1964. This strike will be termed as the second strike, in these proceedings.

4. In respect of the first strike the Management had, on March 28,1964 charge-sheeted, for going on an illegal strike, some of the workmen including the workmen, whose dismissal had been set aside by the present award. A joint reply was sent, by the concerned workmen, On April 9, 1964, to the management, drawing their attention to the decision of the District Industrial Relations Advisory committee, dated March 29, 1964, and the settlement, arrived at, therein, between the management and the Union. The workmen also requested the management, not to disobey the decision of the committee. The appellant sent a communication, on April 10,, 1964, to the workmen, stating that they had not made any commitment, at the meeting On March 29, 1964, that the management would not proceed with the taking of disciplinary action, against an employee, who committed a misconduct according to the Standing Orders of the Company. The workmen were again directed to furnish, within 24 hours, their reply, if any, to the charge-sheet, dated March 28, 1964.

5. On May 8, 1964, the Acting Works Manager, of the appellant company, passed orders, warning the concerned workmen, for having misconducted themselves, as stated in the charge-sheet dated March 28,1964. It is further stated, in this order, that after hearing the explanation, furnished by the workmen, the management holds the workmen guilty of misconduct, for which they could have been dismissed; but the management has taken a lenient view and, hoping that the misconduct will not be repeated, administers an earnest warning.

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