Gajendragadkar , J. - (1.) These two appeals Nos. 753 and 754 of 1962 arise out of two Industrial disputes between the appellant, the Northern Dooars Tea Co. Ltd., and the respondents, its workmen. The first reference was in respect of two item of dispute, one was in regard to the lock-out declared by the appellant on September 12, 1957 and the other in regard to the dismissal of six workmen mentioned in the list attached to the reference. The second reference was in regard to the retrenchment of 230 workmen effected by the appellant, while the third related to the lay-off of workmen by the appellant since October 7, 1957 and the claim made by the respondents for compensation for the period of the said lay-off. All these three references were heard by the 4th Industrial Tribunal, Calcutta, to which they were referred for adjudication by the West Bengal Government, and a comprehensive award was pronounced by it on April 15, 1961. Civil Appeal No. 753 of 1962 has been brought to this Court by special leave by the appellant against the Award pronounced by the Tribunal in respect of the 1st reference, whereas Civil Appeal No. 754 of 1962 arises from the award filed on the third reference. No appeal has been filed against the award made on the second reference.
(2.) The appellant is a public limited company incorporated under the English Companies Act and has its registered office in London. At the relevant time, it was the owner of the Demdima Tea Estate consisting of gardens and factories in the district of Jalpaiguri. On or about the 22nd April 1957, certain conciliation proceedings were pending between the appellant and the respondents and they ended in a settlement. By this settlement the appellant's workmen agreed that they would, if so required, work eight hours a day in the off-season as well as in the manufacturing season and in accordance with the provisions of the Factories Act. Notwithstanding this settlement, however, on July 23 1957, nine factory-men did not agree to work for 8hours and left the factory without completing that quota. These 9 workmen continued to work for the shorter hours for the next few days. The appellant requested the workmen to observe the agreement and work for 8 hours, but the nine defaulters would not listen, and warning them that if they failed to do so, they would be dealt with in accordance with the Standing Orders. The failure of the said workmen to comply with this order led to the service of charge-sheet on them on July 26, 1957. While paying their wages, the appellant made deductions on a pro-rata basis in respect of the partial work given by the said workmen between July 22 to 25th July 1957. The Minister of Labour, West Bengal, intervened at this stage and at his instance the appellant abandoned the proceedings which it had initiated against the nine workmen and the Union suspended its strike decision which it had in the meanwhile announced.
(3.) On August 8, 1957, six workmen suddenly left the factory premises without completing their daily work and their fellow-workmen joined them. In the result, a strike began and it lasted till August 19, l957. Pending this strike, charge-sheets were served on the six workmen who began the strike by leaving their work suddenly and after hearing the explanation given by them, and as a result of the enquiry which was held in respect of their conduct, an order was passed on August 27, 1957, by which it was decided to dismiss the said six workmen. Since conciliation proceedings were, however, pending between the parties the said order was not given effect to, but the workmen were kept under suspension and an application was made to the Regional Labour Officer for permission to dismiss them. On September 18, 1957, the said six workmen were dismissed as conciliation proceedings had by then concluded.;