Judgment

SAWANT, J. - Leave granted.

The appellant-Company runs a unit known as Modi Vanaspati Manufacturing Company at Modinagar, District Ghaziabad. At the relevant time, there were about 350 workmen working in this unit. On December 19, 1990, there was a dispute between the management and the trade union leaders which resulted in two cross First Information Reports being lodged by the management and the trade union leaders against each other and suspension of 30 workmen from service. According to the Company, from December 21, 1990 the workmen came to the Companys premises but did not discharge their duties. On account of this, there was a complete halt in production. According to the respondent-trade unions, however, the workmen reported for duty regularly but the production could not be carried on as the suspended 30 workmen were technicians and in their absence it was not possible to operate the machines. On December 27, 1990 an agreement was arrived at between the management and the trade unions which provided that except the suspended workmen, the other workmen will join work and discharge their duties. It appears that in spite of this agreement, the work could not be carried