Jagdish Sahai, J. - (1.) The petitioner is the Lord Krishna Sugar Mills, Ltd., a company registered under the Indian Companies Act (hereinafter referred o as the mills). The workmen working in he warping section of this mills are members of a registered trade union known as Capra Mills Mazdoor Union, Saharanpur, while he workmen working in the weaving section of the mills are members of a different onion known as the Lord Krishna Textile Mills 'Porkers' Union, Saharanpur. It is alleged hat the workmen employed in the weaving section are paid according to piece rates, i.e., according to the work turned out by them. The workmen of the warping section brought bout a go-slow in their section with the result that the quantity of warp reaching the weaving section decreased and the produoion in the weaving section was also correspondingly affected. The workmen of the weaving section went on strike on 24 July 1957, according to the mills, without giving any notice to the management. The management of the mills wanted to take disciplinary section against the workmen concerned for the strike but on the advice and suggestion of the Regional Conciliation Officer, Meerut, an agreement was arrived at between the workmen and the management on 30 July 18957 in accordance with which the workmen resumed their duties and assured that in future they will not resort to any such strike without notice as provided under the law. On their part the management also undertook not to punish any workmen by taking disciplinary action in connexion with the strike. At the instance of the Lord Krishna Textile Mills Workers' Union, the Deputy Labour Commissioner (Industrial Relations) on 2) December 1957 referred the following matter of dispute for adjudication by the industrial tribunal (textiles), Allahabad: Whether the employers are responsible for the loss in the earning of the weavers daring the months of Jane and July 1957? If so, to what relief are the workmen entitled?
(2.) The Industrial tribunal (textiles) framed the following issues is the case: (1) (a) Did the workmen in the section preparatory to the weaving department, adopt go-slow tactics during the months of Jane and July 1957? (b) If so, was this the reason for shortage of work in the weaving department proper during these two months? (2) How exactly are the weavers of the weaving department responsible for shortage of work during the months of June and July 1957?
(3.) The tribunal gave an award on 19 March 1958. The relevant clauses of the award are as follows: (1) that the weavers in the weaving department of Lord Krishna Textile Mills are entitled to be compensated by the employers for the loss in their earnings daring the months of June and July 1957; (2) that they shall be compensated for the loss by payment to them of the difference in the wages actually earned by them during those two months and the wages which they would have earned on the basis of their average earnings during the months of January to April 1957; (3) that the employers shall also pay a sum of Rs. 100 (rupees one hundred) only on account of the cost of the proceedings; and (4) that the compensation and the cost awarded shall be paid by the employers within a period of one month from the date of coming into operation of this award.;