Mitter, J. - (1.) On March 4, 1966 an order under S. 10 (1) and S. 12 (5) of the Industrial Disputes Act (hereinafter referred to as the Act) was passed over the signature of Secretary (Industries and Labour), Delhi Administration, Delhi referring to the Special Industrial Tribunal certain matters set forth in the Schedule annexed thereto for adjudication. According to the recitals in the order, it appeared to the Delhi Administration from a report submitted by the Conciliation Officer under S. 12 (4) of the Act that an industrial dispute existed between the managements of Delhi Cloth Mills and Swatantra Bharat Mills and their workmen represented by four different Unions and the Chief Commissioner, Delhi, was satisfied on a consideration of the said report that the said dispute should be referred to an Industrial Tribunal. The terms of reference specified in the Schedule are re-produced below:"1. Whether in calculating the bonus table for the accounting year ending 30-6-1965 the allocations separately made by the Delhi Cloth and General Mills Co. Ltd. towards the Capital and Reserves of the Delhi Cloth Mills and Swatantra Bharat Mills, the two units of the Company is fair and reasonable If not, what directions are necessary in this regard 2. Whether the workmen of these Mills are entitled to bonus at a rate higher than 6 per cent of the wages for the accounting year ending 30-6-1965 If so, what directions are necessary in this regard 3. Whether the strike at the Delhi Cloth Mills and the lock-out declared by the management on the 24-2-1966 are justified and legal and whether the workmen are entitled to wages for the period of the lockout 4. Whether the 'sit-down' strike at the Swatantra Bharat Mills from 23-2-1966 is justified and legal and whether the workmen are entitled to wages during the period of the strike
(2.) The report of the Conciliation Officer shows that trouble had arisen over the claim of bonus in the Delhi Cloth and General Mills and Swatantra Bharat Mills, two units of the same company. The report also shows that at a meeting convened at 2-30 p. m. on February 23, 1966, the Works Committee recommended the payment of bonus should be suspended pending examination of the entire issue in conciliation or otherwise. But before this could be announced, workers started demonstration outside the mill premises of the first named unit and became violent. To quote from the report: 'As the situation became tense inside the mill premises and the workers left work, the management closed down the turbine at about 4 p. m. on 23-2-1966. Later on, at about 11.00 p. m. the management put up a notice that in view of the prevailing circumstances in the Mills, it was not possible to work the mills until conditions become normal..................As there was no improvement in the situation and as workers who were inside the mills were reported to have caused further damage to the mill property, the management declared a lock-out at about 6 p. m. on 24th February, 1966...................................... The workers, however, are very much restive over the management's declaration of lock-out." With regard to Swatantra Bharat Mills, the report runs: " .... the situation is peaceful although the workers resorted to the stay-in-strike from 7.30 p. m. on the 23rd February, 1966 and the strike still continues. It appears that their attitude is that whatever is decided at the D. C. M. level will automatically be applicable to them as well. The workers do not seem to be in a mood to start the work unless the workers of the Delhi Cloth Mills also start work." The recommendation in the report was that the dispute should be immediately referred to a Tribunal for adjudication along with the issue of prohibitory orders under S. 10(3) of the Act. The report notes that the Unions' leaders had pressed that the question of workers' claim for wages for the strike period in the Swatantra Bharat Mills and lock-out period in the Delhi Cloth Mills should also be included and the Tribunal to be constituted should proceed immediately in the matter.
(3.) The Management filed a statement of case before the Special Tribunal on April 9, 1966 and the Unions filed separate statements of case between April 10, 1966 and April 13, 1966. There were Replications and Rejoinders up to May 21, 1966.;