JUDGMENT

DESAI, J.:— Appellant, a multi-national company, has set up a factory at Aligarh in the State of Uttar Pradesh in the year 1958. Appellant had declared a lockout with effect from 12 noon on May 6, 1977. It was notified that as negotiations for settlement of pending disputes between the appellant and the workmen employed by it were afoot, the lockout was to be lifted and was actually lifted from 8.00 a. m. on May 13, 1977. It is alleged that on the. very day during the second shift, some of the workmen again resorted to an illegal strike, gathered together near the gate of the factory and intimidated and obstructed other workmen desiring to report for duty. Appellant approached the Civil Court and obtained an ex parte injunction restraining the workmen from indulging into unfair and illegal activities. On May 27, 1977 around 5.35 p. m., some of the workmen who had not joined the strike and who have been referred to in the discussion as loyal workmen boarded Bus No. UPB- 6209 chartered by the appellant-company exclusively for the use of the loyal workmen commuting between the city and the factory. It is alleged that some of the striking workmen including the second responden