B.N.Banerjee, J. - (1.) The petitioner firm carry on business as manufacturers of umbrellas, at No. 252-C, Chittaranjan Avenue, in the town of Calcutta. The demand for umbrellas being of seasonal nature the work of umbrella manufacture is carried on in the factory of the petitioner firm for about seven months in the year, namely from the month of January or February to August. It is stated in the petition, that at the beginning of each manufacturing season workmen are engaged in the factory on the basis of estimated seasonal requirement, on piece rate basis. Excepting a skeleton staff, the factory of, the petitioner firm does not, it is stated, employ any workmen during off-season.
(2.) This version is not, however, admitted in the affidavit-in-opposition affirmed on behalf of respondents Nos. 2, 3 and 6 to 13 (namely, the All India Chhata Karkhana Mazdur Union, workmen of the petitioner said to be represented by All India Chhata Karkhana Mazdur Union and certain dismissed workmen, hereinafter referred to). It is therein stated that the ending of the manufacturing season does not out an end to the contract of service and all workmen, except those temporarily employed in the previous season, retain a lien on the next season's employment and are entitled to be employed when the season starts.
(3.) It is further stated in the petition, that there are a number of umbrella manufacturing factories In Calcutta and the workmen employed in such factories are members either of 'Calcutta Chhatakarkhana Mazdoor Union' or 'All-India Chhata Karkhana Mazdur Union'. It is also stated in the petition; that tie workmen often change their member- ship in the two trade unions and whenever they change their membership of the trade unions, the petitioner firm have to approach the trade union, which controls the workmen, for the purpose of recruitments of workmen in the factory. In February 1960, it is alleged in the petition, 'Calcutta Chhata Karkhana Mazdur Union' succeeded in capturing the loyalty of workmen in the factory of the petitioner firm, excepting that of respondents Nos. 6 to 13 and two others, who opposed any change over. This resulted in a violent dispute between workmen and workmen, on February 4, 1960. On February 5, 1960, the work-Tien, it is alleged, who had gone over to the 'Calcutta Chhata Karkhana Mazdur Union' prevented respondents Nos. 6 to 13 and two others from working in the petitioner's factory and on the very next day presented to the petitioner firm a demand in writing calling upon the petitioner firm not to employ respondents Nos. 6 to 13 and two others any further. At a later stage, however, they relented in respect of the other two persons and allowed them to rejoin their work but, it is stated, the petitioner firm could not take back respondents Nos. 6 to 13, due to obstruction by the workmen, who were members of 'Calcutta Chhata Karkhana Mazdur Union. The result was that respondents Nos. 6 to 13 stood dismissed.;