P.N.Mookerjee, J. - (1.) The appellant companies were the defendants in a suit, brought by the Respondent Union, for a declaration that, under an award of the Industrial Tribunal, the workers, that is, the working staff of the aforesaid companies, who constituted the above Union were entitled to double of their daily wages for working on Sundays and other holidays, exclusive of or in addition to their monthly salaries, and for a permanent injunction restraining the defendant companies from making compulsory deductions from the salaries of the employees concerned in terms of their circular, dated August 10, 1957. The suit was instituted on August 26, 1957, and it was eventually decreed by the learned Subordinate Judge on contest on March 22, 1958. Against this decree, the present appeal was filed on May 1958.
(2.) The material facts lie within a short compass and the material events, which led to the institution of the instant suit may in the context of the relevant facts, be set out as follows:
(3.) By two orders, dated February 18, 1948, and June 4, 1948, of the Government of West Bengal, the industrial dispute between the appellant companies and their workmen in West Bengal as represented by the respondent Union, were referred to the Industrial Tribunal, consisting of Sri Ashutosh Das Gupta, Additional District Judge. On August 30, 1949, the said Tribunal gave its award, which was duly published on September 17, 1949, and given effect from 1st January, 1949.;