- (1.) As the main question for determination in these appeals by special leave is common, they have been heard together and are being disposed of by this judgment. Civil Appeal No. 2307 of 1969
(2.) The respondent company in this appeal has its Head Office at Bombay. It manufactures tyres at its Bombay factory and sells the tyres and other accessories in the markets throughout the country. The company has a Distribution office at Nicholson Road. Delhi. There was a strike in the Bombay factory from 3rd March, 1967 to 16th May, 1967 and again from 4th October, 1967. As a result of the strike, there was a short supply of tyres etc. to the Distribution Office. In the Delhi Office, there were 30 employees at the relevant time. 17 workmen out of 30 were laid-off by the management as per their notice dated the 3rd February. 1968. which was to the following effect: "Management is unable to give employment to the following workmen due to much reduced production in the company's factory resulting from strike in one of the factory departments. These workmen are, therefore, laid-off in accordance with law with effect from 5th February, 1968."
(3.) The lay-off of the 17 workmen whose names were mentioned in the notice was recalled by the management on the 22nd April, 1968. The workmen were not given their wages or compensation for the period of lay-off. An industrial dispute was raised and referred by the Delhi Administration on the 17th April, 1968 even when the lay-off was in operation. The reference was in the following terms: "Whether the action of the management to 'lay-off' 17 workmen with effect from 5th Feb. 1968 is illegal and/or unjustified, and if so, to what relief are these workmen entitled -;