- (1.) This appeal, by special leave, is directed against the order dated 21/03/1967 of the Delhi Administration Special Industrial tribunal, dismissing the application filed by the appellant under S. 33 (1) (b) of the Industrial Disputes Act, 1947 (hereinafter to be referred as the Act, for grant of permission to dismiss the four employees.
(2.) The appellant is a Public Limited Company owning Textile Mill, called "delhi Cloth Mills" (D. C. M. ) in Bai a Hindu Rao, Delhi. The respondents were the workmen employed in the Mills. The appellant also owns another Textile Mill called "swatantra Bharat Mills" situated at najafgarh Road, Delhi.
(3.) A dispute arose in the later part of 1965 between the employees and the appellant regarding the payment of bonus for the year 1964-65. Negotiations for settling the rate of bonus for the year ending 30/06/1965, however, failed on 16/02/1966. As the period prescribed under the payment of Bonus Act for payment of bonus for the accounting year was drawing near, the appellant on February 21, 1966 declared bonus at 6% of the Annual Wages. The actual disbursement of bonus was to commence on the afternoon of 22/02/1966. However, the Union exhorted the workmen not to accept the bonus declared by the appellant, which resulted in the workmen refusing to receive the bonus and going on strike in the afternoon of 23/02/1966. According to the appellant, the strike was followed by serious acts of violence and destruction of property on 23/02/1966 and thereafter. This resulted in the appellant declaring a lock-out in the mills on the evening of 24/02/1966, as according to the appellant the strike was illegal and the employees had turned violent. Ultimately, the entire dispute relating to the payment of bonus and the justification for the strike as well as the lock-out were referred to the Special industrial tribunal by the Delhi Administration by Reference dated 4/03/1966.;