Judgment

CHANDRACHUD, CJI.:- This appeal by special leave arises out of the award of the Industrial Tribunal, Lucknow, U. P. dated November 28, 1969. On September 7, 1968 the Government of U. P. Referred the following dispute for adjudication to the Industrial Tribunal under Section 4 (k) of the U. P. Industrial Disputes Act, 28 of 1947:

"Whether the action of the employers in deducting half wages corresponding to the sickness benefit to which workmen are entitled under the E.S.I. Act in the event of the workmen not availing the services of the E.S.I. is legal and/or justified? If not, to what relief are the workmen entitled and with what details?"

2. The respondent-workmen contended that the Employees State Insurance Act, 1948 (hereinafter called the E.S.I. Act) was adopted by the appellant, M/s. Bareilly Electricity Supply Co. Ltd., in 1957, that the workmen used to enjoy, prior to 1957, 15 days sick leave with full wages every year in accordance with the terms of an award given by the State Tribunal, Allahabad, in Adjudication Case No. 33 of 1952, that under that award, the workmen were entitled to sick leave on full wages as a condition of their service, that they also became enti