Jaswant Singh. J. - (1.) This appeal by special leave is directed against the common award dated February 27, 1976 of the Industrial Tribunal, Maharashtra, Bombay rejecting as not maintainable complaints Nos. 48 of 1973 to 63 of 1973 made by the appellants against the respondent (hereinafter referred to for brevity as 'the Company') under Section 33A of the Industrial Disputes Act, 1947 (hereinafter called 'the Act') in reference (IT) No. 336 of 1972.
(2.) The facts material for the purpose of this appeal are: The appellants (hereinafter described as 'workmen') were employees of the Company. During the pendency of the abovementioned reference No. 336 of 1972 before the Second Labour Court, Bombay for adjudication of a dispute, 344 workmen of the Company including the appellants went on an indefinite peaceful strike with effect from August 30, 1972, pursuant to the strike notice given to the Company by their registered union called "The Association of Chemical Workers' in support of its demand for re-instatement of three of the union leaders who had been dismissed by the Company. On the even date i.e. August 30, 1972, the Company put up a notice stating that the strike embarked upon by the workmen was illegal and those participating in the said strike were liable to disciplinary action for misconduct as per Company's certified standing orders Nos. 22(b) and 24(a). On September 7, 1972, the Company issued notices to the appellants and 10 others asking them to report for duty on or before September 18, 1972, failing which their absence would be construed as voluntary abandonment of service and their names would be struck off from the muster rolls of the Company on September 19, 1972, the Company sent separate communications to the appellants and 10 others informing them that since "by not reporting for duty they had confirmed its presumption that they were no longer interested to continue in service of the Company and had totally abandoned the Company's service" their names had been struck off from the rolls of the Company from that date. Along with its communication, the Company sent a cheque to each one of the appellants for the amount due to him on account of gratuity, leave salary and one months' salary. On September 26, 1972, the appellants wrote to the Company returning the cheques sent by the Company and stating that its letter dated September 7, 1972 which had reached them only on September 20, 1972 had already been replied by letter dated September 21, 1972, that they were interested in the service of the Company and had neither voluntarily abandoned the service of the Company nor did they wish to do so, and that they would report for work the moment the strike was called off by their union. On October 23, 1972 the Company wrote to the appellants acknowledging their letter dated September 26, 1972 but stating therein that it did not wish to revise its earlier decision under which their names had been struck off the rolls. It is to be noted that in its letter the Company did not refute the averment made by the appellants in their letter dated September 26, 1972 that the Company's letter dated September 7, 1972 had reached them only on September 20, 1972. On the even date i.e. September 20, 1972, the appellants' union wrote to the Labour Commissioner complaining about the arbitrary termination of service of 25 workmen (including the appellants) and emphasising that they had not abandoned service. On October 2, 1972, the appellants and other striking workmen addressed letters to the Works Manager of the Company protesting against the action of the Company in removing them from service and asserting that the said action was by way of victimization for their participation in the strike. On March 30, 1973, the union made a formal demand calling upon the Company to reinstate the appellants and others who had been removed from service on the ground that they had abandoned their service. On May 19, 1973, certain proposals for settlements were made on behalf of the employees whose services were terminated by the Company and requesting the Company for reinstatement of the appellants and 10 other workmen. On July 5, 1973, the union wrote a letter to the Assistant Commissioner of Labour Naupada, soliciting his intervention in the dispute concerning the reinstatement of the 16 employees including the appellants. The Assistant Commissioner thereupon summoned the parties for discussion on July 19, 1973 but his attempts at conciliation did not bear any fruit. Thereafter, the appellants made the aforesaid complaints before the Industrial Tribunal with the result as stated above.
(3.) Appearing in support of the appeal Mr. Ramamurti has vehemently urged that the action of the Company in removing the names of the appellants from its rolls was illegal and arbitrary that the appellants had not abandoned the Company's service, that at any rate the termination of their services could only be in terms of the Company's standing orders and since the standing orders did not provide for treating the workmen as having abandoned services in case they were absent in connection with the notified strike, the Company's action was manifestly illegal and invalid.;