Judgement

VAIDIALINGAM, J.:- This appeal, by special leave, is directed against the order dated March 22, 1967 of the Delhi Administrations Special Industrial Tribunal dismissing application No. 10 of 1967 filed by the appellant under S. 33 (1) (b) of the Industrial Disputes Act, 1947 (hereinafter to be referred as the Act).

2. The appellant is a public limited company owning textile mills called Delhi Cloth Mills, situated at Bara Hindu Rao Delhi, and Swatantra Bharat Mills, situated at Najafgarh, New Delhi. The workman Ludh Bubh Singh was employed, at the material time, in the Spinning Section C of the former mill. A dispute about the payment of bonus for the year 1964-65 arose between the appellant and their workmen some time in the later part of the year 1965. In pursuance of a settlement dated December 13, 1965, arrived at between the management and its workmen, the bonus for the year ending June 30, 1964 was declared. The said settlement also provided that negotiations for settling the rate of bonus for the year ending June 30, 1965 were to be held soon after the accounts of the mill had been audited and passed at Annual General Meeting due to take place on December 14, 1965. The negotiations in that direction were commenced on or about December 25, 1965, but no settlement could be arrived at between the parties and as such the negotiations failed on February 16, 1966.

3. In order to pay the bonus within the period prescribed in the Payment of Bonus Act, the appellant declared on February 21, 1966, bonus for the year ending June 30, 1965, at the rate of 6 of the annul wages. The workman being dissatisfied with the quantum of bonus declared by the Company the Union called upon the workmen not to receive the bonus. As a protest, the workmen went on strike on the afternoon of February 23, 1966. According to the management, this strike took a violent turn resulting in the workmen indulging in wanton acts of destruction of the property of the mill from February 23, 1966 onwards. The appellant, in consequence, declared a lock-out.

4. The disputes regarding the bonus as well the legality of the strike and lock-out were referred for adjudication by the Delhi Administration by its order dated March 4, 1966, to the Special Industrial Tribunal, which was numbered as Reference No. 53 of 1966.

5. Sujan Singh, Security Officer of the mill, sent a report dated February 23, 1966 to the management regarding the violent activities of the workmen including Ludh Budh Singh, who belonged to the Spinning Section C . That report is Ex. M. 15. The substance of the report is as follows: The concerned workmen, whose duty hours on February 23, 1966 were from 6.30 A.M. to 2.30 P. M. did not go out of the mill even after his duty was over and continued to remain inside the mill premises. The concerned workman Ludh Budh Singh stood in front of the office of the Weaving Superintendent and collected workers. He further stopped the workers of the shift commencing at 2.30 P. M. from going to their place of work. He, along with other workers instigated the employees to strike work. A large number of workmen collected in front of the office of the Production Superintendent with the intention of causing obstruction and creating disorder. Ludh Budh Singh was a member of this unruly mob which forcibly broke open gate No. 4 and entered the open space in the mill s premises with a view to create disorder. The concerned workman along with the mob broke open the door and windows and destroyed the mill s property which include furniture, air-conditioners, iron-safe and office records. These acts of violence were witnessed by Sujan Singh, Security Officer, who made the report as well as by Rampal, & Sepoy of the Watch and Ward and Jai Prakash, a peon in the Weaving Section.

6. On the basis of this report, charge sheet dated March 30, 1966, Ex. M. was issued to Ludh Budh Singh alleging that he was guilty of misconduct under cls. (b) (i) and (m) of paragraph 27 of the C