TULSIDAS PAUL Vs. SECOND LABOUR COURT W B

JUDGEMENT

(1.) This appeal, by special leave, arises out of an industrial dispute between the appellant firm and eight of its workmen represented by the All India Chhata Karkhana Muzdoor. Union referred for adjudication to the Second Labour court, Calcutta. The dispute was whether the dismissal of the said eight workmen by the appellant firm was justified

(2.) The dispute arose from the following facts :

(3.) The Labour court found, on the evidence before it, that the appellants had refused to give work to these workmen out of deference to the wishes of the rest of the workers. It held, however, that the action of the appellants in refusing work to those workmen amounted to their dismissal and since the dismissal was not for any misconduct and was made without holding any enquiry it was unjustified. In that view the Labour court ordered reinstatement and directed payment of all back wages from 5/02/1960 till the date when they would be taken back in employment.