- (1.) These nine appeals are by special leave against the order of the State Industrial Court at Nagpur reversing in order of the Assistant Labour Commissioner of Nagpur who rejected the application of the respondents under S. 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (hereinafter referred to as the At). The respondents had applied to the Labour Commissioner under S. 16 to set aside the order of the appellant dismissing them from the service of the Model Mills Ltd., Nagpur with effect from 11th of January, 1956. The State Industrial Court purported to exercise its revisional powers under S. 16 (5) of the Act.
(2.) In the Model Mills Ltd., Nagpur machines known as "Seven Bowl Calender Machines", generally described as Calendar machines, were used. According to the respondents, at least three persons were required for working each of these machines and this had been the practice for many years. The management of the Model Mills Ltd., however, ordered that each machine was to be worked by two persons. On 16th of December, 1955, while such a machine was being worked by two persons one of them was seriously injured. It was contended that by reducing the number of persons to work each machine the management had not only increased the workload of the worker but had positively made the working of any such machine a dangerous operation and it was alleged that the action of the management was illegal. On the 19th of December, 1955, the respondents refused to work, as again on that day only two persons were deputed to work such a machine. On the refusal of the respondents to work, the management held an enquiry and framed a charge against the respondents on the 20th of December, 1955. After the enquiry the appellant passed the orders of dismissal against the respondents.
(3.) It may be mentioned at this stage that out of the nine respondents only two were deputed on 19-12-55 to work a Calender machine. The other seven were deputed to work in other departments. These seven persons refused to work out of sympathy for and in support of those persons who refused to work a Calender machine with only two persons.;