Judgement

SHELAT, J.: This appeal, founded on special leave, arises out of an industrial dispute between the respondent-company and the Motor Industries Company Employees Association which the Government of Mysore referred to the Labour Court, Bangalore, for adjudication under Section 10 (1) (c) of the Industrial Disputes Act, 1947. The dispute related to the dismissal by the management of three workmen, Sandhyavoo, G. Prabhakar and M. V. Vasudevan out of the five workmen against whom the management had held a domestic enquiry at which they were found guilty of acts of misdonduct charged against them.

2. The facts leading to the said dispute and the reference are as follows:

On August 24, 1964 the said association handed over to the management a charter of demands. Negotiations between the parties having failed, the demands were taken before the conciliation officer when the parties arrived at a settlement dated December 23, 1964. On April 29, 1966, the management issued a notice suspending for a day, i.e., May 4, 1966, one B. G. Shenoy as and by way of penalty. In consequence of the protest by the association, the said suspension was postponed and on May 10, 1966, the management served a charge-sheet on Shenoy and suspended him pending an enquiry. On May 11, 1966 the association demanded withdrawal of the said suspension and the said charge-sheet. Discussions took place on that day from 9.45 A. M. to 12.30 P. M. between the association and the management and the parties thereafter adjourned at 1 P. M. for lunch having decided to resume the talks at 2-30 P. M. At 2 P. M. the first shift ended and the workers of the second shift began to come in. The workmen of the first shift, however, stayed on and those of the second shift along with the workmen of the general shift joined them and all of them went on strike. The discussions which were resumed at 2.30 P. M. ended in an agreement at 5 P. M. and the workmen returned to work. On May 18, 1966 the assistant establishment officer submitted a complaint to the chief personnel officer alleging certain acts of misconduct by a crowd of workmen mentioning therein the names of five of them including the said three workmen. On May 25, 1966 charge-sheets alleging stoppage of work, abandoning the place of work, inciting clerks and officers of G. 2 department to join the said strike, disorderly behaviour including intimidation and assault on one, A. Lakshman Rao, were served upon those five workmen. Correspondence thereafter ensued between the association and the management wherein the association protested against the management s decision to adopt disciplinary action against the said five workmen despite the agreement arrived at on May 11, 1966. Thereafter, a domestic enquiry was held on June 30, 1966 which was completed on July 27, 1966 when the enquiry officer made his report holding the said three workmen, Sandhyavoo, Prabhakar and Vasudevan, guilty of acts of misconduct under standing order 22 (2), (3), (13) and (18). He exonerated the other two workmen except on the charge of participating in the strike and loitering about under Cls. (2) and (18) of the said standing order. On August 12, 1966, the management, agreeing with the report, passed orders of dismissal against the said three workmen which gave rise to the said reference. On March 23, 1968 the Labour Court gave its award holding that the said enquiry was validly held and that the management were justified in passing the said orders of dismissal.

3. Mr. Ramamurthi, appearing for the association, challenged the said award on the following grounds: (1) that the said association not having given a call for the said strike, the said charges were misconceived and the orders of dismissal were consequently not sustainable; (2) that the said strike, which was spontaneously staged by the workmen, was not illegal under Section 24 of the Industrial Disputes Act, nor was it in contravention of any law as required by Standing order 22 (2) and (