TRACTORS INDIA LIMITED Vs. MOHAMMAD SAYEEDS

JUDGEMENT

(1.) This appeal by special leave arises out of applications made by the Tractors (India) Ltd., (hereinafter called the appellant) before the Third Industrial Tribunal, West Bengal, Calcutta, under S. 33 of the Industrial Disputes Act (hereinafter called the Act) for permission to dismiss 9 of its durwans amongst whom were included the two respondents. On 20-4-1955 the tribunal allowed the applications made by the appellant and granted it permission to dismiss the two respondents and six other durwans. The respondents challenged the said order by preferring an appeal to the Labour Appellate Tribunal of India at Calcutta (Appeal No. Cal. 132 of 1955). This appeal was allowed on 11-6-l956 and the appellant's applications for permission were rejected. It is against this order that the present appeal has been filed by the appellant.

(2.) The appellant is a company carrying on business as engineers and dealers in earthmoving equipments and agricultural equipments. For the protection of its properties it has to maintain a watch and ward staff consisting of durwans. In April 1954 the appellant instituted a form of watchman's clock the special keys of which when turned in record on a paper-dial the time at which the durwan is present at certain picked points on the perimeter of the appellant's premises. These keys are five in number and they are placed at five most important points in the appellant's perimeter. The arrangement was that the durwans had to make four complete circuits of the appellant's perimeter in the course of one hour. The object of this arrangement was to ensure that the appellant's perimeter was regularly and diligently patrolled during the hour of darkness. This arrangement had been explained to the said durwans by the appellant's service manager, respondent 1, and it worked satisfactorily until June 1954.

(3.) In June 1954 the clock had to be sent for repairs and cleaning; it was duly returned repaired and cleaned in July 1954 and was handed over to the durwans on 5-7-1954 at about 4-30 p. m., with instructions to resume their normal operations during the hour of darkness.