K.N.SINGH, J. - (1.) This is a petition under Article 226 of the Constitution directed against an award of the Labour Court, Gorakhpur dated 12/10/1971 published in Uttar Pradesh Gazette dated 25/12/1971. M/s. A H. Wheelers and Company Pvt. Ltd. and M/s. Wheelers Distributors Private Ltd., are two concerns having their offices in the same premises at 15, Elgin Road, Allahabad. Most of the Directors of the two Companies are common and the principal place of business of the two companies is also the same. The workmen employed in the two companies are members of the Union known as Wheelers Karamchari Sangh, Allahabad. It appears that the workmen of M/s. A.H. Wheelers and Company Pvt. Ltd., had raised certain demands against the employers and in that connection Wheelers Karamchari Sangh, the union of the workmen decided to strike work. In pursuance to that decision some workmen of M/s. A.H. Wheeler and Company Pvt. Ltd. went on hungerstrike in November, 1967. Sri Chhedi Lal Karia, respondent No. 3 who was the workman of the other concern viz. M/s. Wheelers Distributors Pvt. Ltd., served a notice on the Managing Director giving him intimation that he was going on hunger strike on the eastern gate of the company in sympathy and support of his co-worker hunger striker namely Ashish Kumar Mukherji and others. Admittedly Ashish Kumar Mukerji was an employee of M/s. A.H. Wheelers Company Pvt. Ltd. The respondent No. 3 actually went on hunger strike and he remained on hunger strike for about a month i.e. from 18/11/1967 to 16/12/1967 in the premises of the Company.
(2.) The employers viz. M/s. Wheelers Distributors Pvt. Ltd. issued a charge sheet to Respondent No. 3, Chhedi Lal Karia calling upon him to show cause as to why he should not be dismissed from service for the mis-conduct of striking work without giving due notice prescribed under the Uttar Pradesh Industrial Disputes Act. The workman concerned was given notice to appear at the domestic enquiry but he did not appear. The Managing Director dismissed respondent No. 3 from servicie of M/s. Wheelers Distributors Pvt. Ltd. by his order dated 19/12/1967 on the findings that the petitioner had struck work which amounted to misconduct under Rule 15(b) of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Niyamavali, 1963. On a dispute raised by the workmen the State Government referred the question whether the services of the respondent No. 3 had been terminated justifiably by the employers to Labour Court, Gorakhpur for adjudication. The Labour Court by its award dated 4/9/1971 held that the dismissal of respondent No. 3 was unjustified and illegal, the Labour Court further directed the reinstatement of respondent No. 3 with full wages and allowances.
(3.) The award of the Labour Court was published in the Uttar Pradesh Gazette dated 26/12/1971. The Wheelers Distributors thereupon filed the present petition under Article 226 of the Constitution challenging the validity of the award.;