- (1.) These four applications have been made by the Garment Cleaning Works, Bombay, against the four employees named in them. These employees were chargesheeted on the came day for the same set of facts, one common departmental enquiry was held against them and dismissal orders in identical terms were served on them. The learned advocates requested me to hear the four applications together and make one composite order. I have agreed to do so.
(2.) The charges levelled against the opponents were : (1) Acting in a manner subversive of discipline and insubordination towards the partner, Sri Padia. (2) Instigating the workmen in the Gowalia Tank Factory to go on an illegal strike which was also unjustified. (3) Taking part in an illegal strike which was unjustified (Ex. C. 2). The departmental inquiry was held on 14 January 1960 and 23 January 1960 and dismissal orders were served on the four opponents on 28 January 1960. In the order it was also stated : "Along with this order you are informed hereby to collect your legal dues [including one month's wages as per S. 33(2) of the Industrial Disputes Act, 1957], from the head office." (Ex. C. 3.) It is admitted that instead of paying one month's wages as stated in the dismissal orders, the opponents were paid either Rs. 5 or Rs. 10. Opponent Babulal Shamlal did not accept Rs. 10 which was offered to him. The opponents contend that although they were prepared to take a whole month's wages, the company did not pay it, whereas the company's contention is that they refused to accept the full month's wages as they thought that their case might be prejudiced.
(3.) Sri P. D. Kamerkar for the opponents has raised a preliminary objection to the maintainability of the applications on the ground that one of the conditions precedent laid down in the proviso to S. 33(2)(b) was not fulfilled by the company before dismissing the opponents.;