Ramaswami, J.

1. In M. J. C. No. 590 of 1955, the petitioner is Bata Shoe Company Ltd. which has a factory at Digha. In M. J. C. No. 546 of 1955, the petitioners are 59 dismissed workmen who had been previously employed in the Digha factory. Both these applications are considered by the State of Bihar, who is the principal respondent. In M. J. C. No. 590 of 1955, there is another principal respondent, the Bata Mazdoor Union. The Chairman of the Industrial Tribunal is also a respondent in both these applications.

2. In February, 1954, there was a dispute between Bata Shoe Company Ltd (which will be hereinafter referred to as the Company) and its workmen. Conciliation proceedings were started, and on 18-2-1954, a settlement was duly reached and recorded. But on 23-2-1954, a number of workmen went on strike which was illegal as there was contravention of the provisions of Sec.23 (c), Industrial Disputes Act, 1947.

The State Government issued a press note pointing out that the strike was illegal and advised the workmen to give up strike and join the work immediately. But the workmen failed to return to work in spite of warning. The Company thereafter served the workmen with cha