Judgment

GROVER, J.: - This is an appeal by special leave from an Award made by the Labour Court at Bangalore.

2. The Appellant company was substituted as the appellant by an Order made by this Court on February 4, 1970 as it had taken over the business of the Bangalore Woollen Cotton and Silk Mills Company Limited (hereinafter referred to as the "management"). One A. Ramachandran was working in the Roving Section in the Carding Department of the Management s Mills. On 11th June 1956 he requested the Mill Manager for grant of leave of absence for 10 days from 12th June 1956 representing that he wanted the leave as he had to go to his native place to settle a land dispute with his brother-in-law. As all leave with wages and casual leave due to him had already been exhausted, the Mill Manager believing his representation, granted him special leave for 8 days without wages or dearness allowance from 12th June 1956.

3. Ramachandran proceeded on leave but he did not go to his village and remained in Bangalore itself. Some members of the Bangalore Silk Mills Employees Association, which was not in any way connected with the Management or the respondent union, had decided to go on hunger st