BINNY LIMITED Vs. THEIR WORKMEN

JUDGEMENT

(1.) This is an appeal by special leave from an Award made by the Labour Court at Bangalore.

(2.) The Appellant company was substituted as the appellant by an Order made by this Court on February 4, 1970 as it had taken over the business of the Bangalore Woollen Cotton and Silk Mills Company Limited (hereinafter referred to as the "management"). One A. Ramachandran was working in the Roving Section in the Carding Department of the Management's Mills. On 11th June 1956 he requested the Mill Manager for grant of leave of absence for 10 days from 12th June 1956 representing that he wanted the leave as he had to go to his native place to settle a land dispute with his brother-in-law. As all leave with wages and casual leave due to him had already been exhausted, the Mill Manager believing his representation, granted him special leave for 8 days without wages or dearness allowance from 12th June 1956.

(3.) Ramachandran proceeded on leave but he did not go to his village and remained in Bangalore itself. Some members of the Bangalore Silk Mills Employees' Association, which was not in any way connected with the Management or the respondent union, had decided to go on hunger strike to get certain grievances redressed, with which the management had no concern. Ramachandran was not even an ordinary member of that Association, but he joined three members thereof and started a hunger strike in front of the Secretariat. News of the hunger strike appeared in a newspaper the 'Decan Herald' in its issue dated 13th June 1956. The Management having learnt of Ramchandran having joined the hunger strike and finding that he had obtained special leave of absence under a false pretest, wrote to him on 15th June, 1956, informing him that the leave which had been granted to him was being cancelled. He was directed to return to duty at once and not later than 16th June. That letter was duly received by him on 15th June. Ramachandran however, continued his hunger strike until 20th June and did not join duty. On the 21st June 1956 he entered the factory Hospital, Bangalore as a patient for being treated for fasting. On 28th June, 1956 be came to the Management's Mills.