JUDGMENT

BAHARUL ISLAM, J. :— These two connected appeals by special leave are on behalf of Workmen of M/s. Williamson Magor & Co. Ltd. (renamed as M/s. Magneill & Magor Ltd.) represented by Williamson Magor & Company Employees Union (hereinafter called the union) and are directed against the award of the 7th Industrial Tribunal, West Bengal.

2. The material facts may be stated thus :

According to the union, all the employees of the aforesaid company, the respondent before us (who, will hereinafter be called the management) are the members of the union. Disputes had arisen between the workmen and the management but they ended in a number of agreements as a result whereof the employees derived some benefits. Subsequently the management appointed one Mr. P. K. Kaul as a staff officer, who, according to the union, started to create a cleavage between the workmen, and with that end in view, at his instance, the management started giving indiscriminate and arbitrary promotions and/or upgradations to some of. the employees who were its favourites, disregarding the rightful claims of a number of other employees so much so that even junior members were given promotions superseding the rightf