ENGINEERING MAZDOOR SABHA Vs. S TAKI BELGRAMI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India arises out of the award of the Industrial Tribunal dated December 14, 1965, whereby the Tribunal held in favour of the workmen of the 2nd respondent-Company that the lockout declared by the Company from January 13. 1964, was Illegal, and even so. In connection with the question of relief which the workmen claimed it held that the lockout was justified and the workmen would not be entitled to any reliei The Tribunal further held that 114 workmen whose services were terminated from April 18, 1964; without any enquiry made in that connection, were not to "go slow" (Production) and, in spite of notices dated January 9, 1964, and January 12, 1964, refused to give an undertaking demanded by the Company that they would not resort to go-slow tactics, that they would behave in a disciplined way and that they would give proper production to the satisfaction of the management. The finding was that as this reasonable demand of the Company was not complied with, the discharge of these 114 workmen was justified and they were not entitled to be reinstated.

(2.) IN this petition, the main contentions made by Mr. Singhvi for the workmen are:--

(3.) NOW, in connection with these contentions, the facts which require to be noticed are as follows : In connection with the charter of demands dated May 21, 1962, made by the workmen, a settlement dated September 13, 1962, was made between the parties. Clause 7 of the settlement provided: