JUDGMENT :

M. Hidayatullah, J.

This appeal by special leave arises from an industrial award of the Labour Court, Assam in a dispute between the management of the Lamabari Tea Estate (owned by the Consolidated Tea and Lands Co. Ltd., Mazbat) and the workmen of the Tea Estate represented by the Assam Chah Mazdoor Sangha. On June 5, 1961 the Government of Assam referred this dispute by Notification No. GLR-230/61/10 for the adjudication of the following matter of dispute among others:

"(1) Whether the Management of Lamabari T.E. were justified in dismissing the following workmen viz. (1) Shrimati Hara (2) Shri Sova, (3) Smt Somavia, (4) Shrimati Janoo, (5) Shri Golapi, (6) Smt Tulsa, (7) Solu, (8) Smt Ratani, (9) Smt Gaili and (10) Smt Donmonia for alleged gross misconduct?

(2) If not, are they entitled to reinstatement or any other relief in lieu thereof?

(3)(a)-(b) * * *"

The facts of this dispute may now be stated briefly.

2. On October 29, 1960, five labourers (including some women) arrived late for work. The work at the Tea Estate commenced at 8 a.m. and time was announced by sounding a siren at 6, 7 and 8 a.m. The labourers were refused work as they were late. According to the Sangha t