JASWANT SUGAR MILLS LTD., MEERUT Vs. NAUBAT

JUDGEMENT

(1.) In these 37. revisions, common questions of law and fact arise and it is convenient to dispose them of by one common judgment.

(2.) On January 1, 1956, the Jaswant Sugar Mills Limited, Meerut, the applicant before us, suspended 63 of its workmen on the charge of their indulging in "go slow." On January 9, 1956, the applicant held an inquiry and decided to dismiss all these workmen. As some industrial dispute was pending adjudication at that time between the applicant and its workmen, the appli- cant applied to the Additional Regional Conciliation Officer, Meerut, for permission to dismiss the workmen. By order dated May 9, 1956, the Additional Regional Con- ciliation Officer granted permission in res- pect of 11 workmen but refused permission in respect of the remaining workmen. The applicant preferred an appeal before the Labour Appellate Tribunal but the appeal was dismissed as incompetent on July 9, 1956. Thereafter the applicant obtained on September 10, 1956, from the Supreme Court of India special leave to appeal against the orders of the Regional Conciliation Officer and of the Labour Appellate Tribunal. By the order granting special leave, the Supreme Court also granted stay in the following terms :

(3.) Sub-section (1) of Section 15 of the Payment of Wages Act provides for the appointment of an authority to hear and decide claims arising out of deductions from wages or delay in payment of wages. Sub-section (2), which is material, is in these words :