Wanchoo, J. - (1.) These are three appeals by special leave from three decisions of the Labour Appellate Tribunal of India. We shall dispose of them by one judgment, as they raise common points. The three appellants are the management's of (1) Imperial Hotel, New Delhi (2) Maiden's Hotel, Delhi and (3) Swiss Hotel, Delhi, the respondents being their respective workmen represented by the Hotel Workers' Union, Katra Shahanshahi, Chandni Chowk, Delhi.
(2.) It seems that disputes were going on between these hotels and their workmen for some time past about the conditions of labour of the workmen employed therein. Matters seem to have come to a head about the end of September 1955 and a strike of all the workmen in all the three hotels took place on October 5, 1955. Before this general strike in the three hotels, there had been trouble in Imperial Hotel only in August 1955. In that connection chargesheets were served on 22 workmen and an enquiry was held by the management which came to the conclusion that the workmen were guilty of misconduct and therefore decided to dismiss them. Consequently, notices were served on October 4,1955, upon these workmen informing them that the management had decided to dismiss them subject to obtaining permission under S. 33 of the Industrial Disputes Act, 194 ( herein-after called the Act). It seems that this action of the management of Imperial Hotel led to the general strike in all the three hotels on October 5, 1955. Thereupon the three managements issued notices to the workmen on October 5, 1955, directing them to re-join their duties within three hours failing which action would be taken against them. As the workmen did not join within this time, fresh notices were issue the same day asking them to show cause why disciplinary action should not be taken against them. In the meantime they were informed that they would be under suspension. On October 7, 1955, the three managements issued notices to the workmen informing them that it had been decided to dismiss them and that they were being suspended pending the obtaining of permission under S. 33 of the Act.
(3.) As the disputes between the hotels and their workmen were already under consideration of Government, an order of reference was made on October 12, 1955, relating to Imperial Hotel. In this reference a large number of matters were referred to adjudication including the case of 22 workmen whom the management of the hotel had decided to dismiss on October 4, 1955. This reference with respect to Imperial Hotel, however, did not refer to the workmen whom the management had decided to dismiss on October 7, 1955. Further enquiries seem to have been made by the management in this connection and eventually it was decided to confirm the action taken on October 7 with respect to nineteen workmen. These nineteen workmen had in the meantime applied under S. 33-A of the Act on the ground that they had been suspended without pay for an indefinite period and had thus been punished in breach of S. 33. Thus the dispute so far as Imperial Hotel is concerned was with respect to 44 workmen in all, 25 of whom were included in the reference of October 12, 1955, and the remaining 19 had filed an application under S. 33-A of the Act. It does not appear, however, that Imperial Hotel made any application under S. 33 of the Act for permission to dismiss these 19 workmen, though an application trader that section was made on October 22, 1955, with respect to 22 workmen whose dismissal was decided upon on October 4,1955.;