LAKSHMI DEVI SAGAR MILLS LIMITED LAKSHMI DEVI SUGAR MILLS LIMITED Vs. PT RAM SARUP:CHINI MILLS MAZDOOR SANGH

JUDGEMENT

(1.) These two appeals by Special Leave arise out of an order of the Labour Appellate Tribunal of India, Lucknow Bench, by which it dismissed the application of the appellant under S.22 of Industrial Disputes (Appellate Tribunal) Act, 1950, hereinafter referred to as the Act, for permission to dismiss the respondents from its employ and allowed the application of the respondents under S.23 of the Act for reinstatement.

(2.) The respondent are 76 employees of the appellant, a limited company Sugar Mills situated in village Chitauni in the district of Deoria and were working in the engineering department of the mills in the mill house, boiling house and the workshop sections. There were disputes between the appellant its workmen and, on the date in question, i.e. 27th May 1952, there was pending before the Labour Appellate Tribunal an appeal which was registered as Cal. 101/51. It appears that one Motilal Singh, an employee of the appellant, had been dismissed by it some time prior thereto and he had been inciting the workmen to make common cause with him, and, at a meeting held the previous night, some sort of action had been decided upon. When the workmen of the appellant entered the mills on the morning of 27th May 1952, these 76 workmen, though they entered their respective sections of the engineering department, did not commence any work from 7 a.m. as they should have done. The sectional engineers incharge asked these workman as to why they did not commence their work and became aware of their intention to resort to a tools-down strike. They reported the fact to the Chief Engineer who sent a slip to the General Manager informing him that the workers had gone on a tools down strike. The General Manager thereupon personally went to the workshop, mill house and the boiling house and asked these workmen not to resort to such strike but the latter did not pay any heed p73 to his advice. The General Manager then asked the Chief Engineer to persuade these workmen to commence the work, give them time for about 2 hours till 10.30 a.m. and report to him if, inspite of his persuasions, they did not commence work. The persuasions of the Chief Engineer and also of the section engineers proved of no avail and the 76 workmen persisted in their attitude with the result that the section engineers made their reports to the General Manager through the Chief Engineer giving the names of the workmen belonging to their respective sections who had resorted to the tools-down strike with effect from 7 a.m. that day. These reports were endorsed by the Chief Engineer and passed on to the General Manager who, in his turn, passed an order at about 10-30 a.m. suspending these 76 workmen till further orders. The order for suspension was communicated to these workmen through their sectional heads and was also pasted on the notice board of the mills. There was a recess between 1 a.m. and 11 p.m. and when the gates were opened at l p.m. these 76 workmen inspite of the warning of the gatekeepers and Jemadar to the contrary, rushed into the mills entered their respective sections and adopted a threatening attitude. The sectional engineers made reports to the General Manager in regard to this occurrence and these reports also were endorsed by the Chief Engineer and passed on by him to the General Manager. The situation which was created by these workmen by forcibly entering their respective sections and continuing there threatening violence was explosive and the management had to call in the police in order to avert violence and damage to the property. The police came in at 5 p.m. and order appears to have been resorted. There was no untoward incident that day but the management appears to have viewed the situation with seriousness and approached the Regional Conciliation Officer the next day in order to ask for advice in regard to the dismissal of these workmen. The Regional Conciliation Officer, however, pointed out to the General Manager that in view of the pendency of the appeal before the Labour Appellate Tribunal, he had no jurisdiction to entertain any application for such permission and referred the General Manager to the Labour Appellate Tribunal. The workmen on the other hand, got a letter dated 28th May 1952, addressed to the General Manager by the General Secretary of the Chini Mill Mazdoor Sangh to the effect that they had gone to the gates of the mills as usual at 7 a.m. that day to attend to their work but they were not allowed to enter the mill premises. They charged the management with the intention to victimise them on the charge of a tools-down strike and stated that they had neither struck nor intended to strike but had been prevented from attending to their work and had therefore been advised to go back to their quarters with a view to maintain peace. The last paragraph of that letter was very significant. The General Manager was told that if he did not mend his illegal mistakes and did not take the workmen back on duty he would be responsible for any breach of peace.

(3.) After receipt of that letter it was evident that the workmen would resort to violent measures in order to attend to their work and a breach of peace was apprehended. The management evidently p73 continued the police precautions and, after having waited for some time, the General Manager furnished to these 76 workmen on 2nd June 1952, a charge-sheet wherein he charged them with having committed misconduct within the meaning of cl. L.1 (a) and (b) and wilful insubordination within the meaning of cl. L 1 (a), (b) and (w) of the Standing Orders. He called upon them to show cause within 24 hours of the receipt of the charge-sheets why disciplinary action should not be taken against them and gave them intimation that an open enquiry in connection with the said charges would be held by him at 8 a.m. on 6-6-1952. He also intimated that if all the workmen arranged to present themselves earlier than 6-6-1952 he would take up the said enquiry earlier provided however, an intimation was received to that effect from them or from their Union. The workmen were to remain suspended till the enquiry was finished.