- (1.) In this appeal, on certificate, the judgment and order of the Patna High court, dated 10/10/1966, in C. W. J. C. No. 753 of 1965, declining to interfere with the decision of the Industrial tribunal, setting aside the order passed by the appellant terminating the services of 26 workmen, is under attack.
(2.) Mr. A. B. N. Sinha, learned counsel, for the appellant, represented at the outset that though the services of the 26 workmen were terminated, 25 workmen have been since reinstated, in accordance with the directions of the tribunal and only one of the workmen, namely, Umesh prasad Srivastava, has not been reinstated. The case of the management is that they offered to reinstate him, but as he has taken up another employment, he has not joined duty.
(3.) The tribunal has held that the strike was legal and that the orderof the management, terminating the services of the workmen was not justified. The High court has also agreed with this view of the tribunal.;