- (1.) This judgment will govern C. As. 294 and 295 of 1961 which arise out of identical facts. The facts necessary for deciding these appeals may be stated thus:
(2.) The first respondent in C.A. 294 of 1961 and the first 97 respondents in the other appeal were employees of the Express Newspapers Ltd., the appellants, at Bombay. On December 31, 1956, all the employees of the appellants went on strike because three demands which were made by them on the previous day were not granted by the appellants. On that day the appellants posted the following two notices addressed to the workmen who had struck work on their notice board : "To ALL WORKMEN WHO HAVE STRUCK WORK You have struck work in contravention of the provision of the Industrial Disputes Act. The undersigned takes a serious view of the uncalled for and unjustified strike. If you do not resume work immediately the management will be free to take such action as it deems fit in the matter." "TO ALL WORKMEN WHO HAVE STRUCK WORK Further to our notice of date, we have to inform all the workers on strike that unless they resume work unconditionally with immediate effect the management will make alternative arrangements to fill in the vacancies caused by the desertion of workers from their places of duty. It may be noticed that the management will take disciplinary action against those workers who have instigated others to go on strike." On the next day they published a third notice stating therein that those workers who are desirous of resuming duty should report for duty on January 2, 1957 at 10 am. That notice also stated "if the workers fail to resume duty by 10 a.m. on January 2, 1957 we shall consider that they are not interested in continuing in our employment and as such shall remove their names from our muster as their having left services of their own accord." It would appear that a letter was also addressed to the workers' union on December 31, 1956. In answer to it the General Secretary of the Union said in his reply dated January 2, 1957 that the workers went on strike because their demands were not met and that no other alternative was left to them for securing their demands. He further stated that the strike was perfectly legal and that the various notices which were being published one after another by the appellants will not deter the workers in their resolve to continue the strike till their demands were met. On January 14, 1957 the General Manager of the appellants sent by registered post a letter to every employee on strike in the following terms: "Further to our notices dated January 1, 1957 and January 3, 1957, the workers who are not attending work since December 31, 1956 in spite of several requests to resume work, are hereby advised that their names are removed from the Muster as from 2 p.m. today (January 14, 1957) as their having left our services of their own accord. Arrangements have been made to fill up the vacancies occurring as a result of desertion of workers from their places of duty. Arrangements will be made to make payment of their dues, if any. ...... ....... ....... ...... ........ A notice was published on the notice board at the premises of the appellants in similar terms. The strike was called off on March 26, 1957. It may be mentioned that all the employees of the appellants had not joined the strike and that some of those who had gone on strike rejoined before the strike was called off. A considerable number of the appellants' employees could, however, not be taken back even after the strike ended because their vacancies had been filled up.
(3.) One of the workmen filed an application under S. 15 of the Payment of Wages Act, 1936 in which a claim was made for 30 days' wages in lieu of notice, 20 days' wages in lieu of leave, two months' wages as compensation and full pay from March 26, 1957. The claims for the last two items were given up by that worker. On September 12, 1957, the Payment of Wages Authority granted the application in so far as the first and second items were concerned. Against this order a writ petition was filed before the High Court of Bombay which was allowed on November 26, 1957. It may be mentioned that 116 other workmen had also filed application claiming similar relief before the Payment of Wages Authority, including the first respondent in C.A. 294 of 1961 and the first 97 respondents in the other. It would appear that these applications were kept pending till the decision of the High Court in the application earlier mentioned. Following the view taken by the High Court with regard to the claim in that application all the 116 applications were dismissed by the Payment of Wages Authority. Most of the aggrieved parties preferred writ petitions to the High Court of Bombay which were allowed by it. Against the decision of the High Court these two appeals have been preferred before us.;