- (1.) The petitioner has several workshops in Dum Dum, three of which, inter aha, are: (1) Mechanical Works, (2) Coach Works and (3) Road Roller Plant Works. The respondent Nos. 10 to 14 were workmen in the Mechanical Works. The respondent Nos. 5 to 9 were workmen in the Coach Works and the respondents Nos. 15 to 17 were workmen in the Road Roller Plant Works. They were represented by different Unions. It is alleged that on September 21, 1963, the workmen of the Mechanical works resorted to an illegal strike. It is said that the strike continued for more than an hour. The respondent Nos. 10 to 14 were charged with having taken leading parts in it and indulged in acts punishable with dismissal under the Standing Orders of the petitioner company. Appendix 'D' which is the Standing Order of the company provides 'Misconduct' and clause (2) deals with major misdemeanours which makes a workman liable to dismissal. Sub-clause (2) of clause (2) makes participation in an illegal strike a major misdemeanour. Sub-el. (3) of clause 2 similarly makes participation in a strike without 14 day's notice, or a sit down strike or refusal to work another major misdemeanour. Sub-clause (10) of Clause 2 makes drunkenness, intoxication or riotous disorderly or indecent behaviour, threatening, intimidating, coercing other employees or interfering with the work of other employees, assault or threat of assault either provoked or otherwise major misdemeanours. Sub-clause (11) makes commission of any act subversive of good behaviour or of the discipline of the company a major misdemeanour. Sub-cl. (26) provides trespassing or forcible occupation of the company's quarters a major misdemeanour. Sub-clause (29) provides instigation, incitement, abetment or furtherance of the foregoing misdemeanours shall be punishable as a major misdemeanour.
(2.) On October 3, 1963, charge-sheets were issued against six workmen including the respondent Nos. 10 to 14. These charges included major misdemeanours under sub-cls. (2), (3), (10) and (29) of cl. 2 of the Appendix-D, the Standing Orders. These workmen were asked to show cause in the said charges within 48 hours of the submission of the charge-sheet. We shall refer to the charge-sheet later. On October 5, 1963, the workmen of the Mechanical Works who were charge-sheeted submitted their explanation.
(3.) On October 12, 1963 it is alleged the workmen of Coach Works resorted to an illegal strike from 2 p. m. which continued for five hours. It is further alleged that the respondent Nos. 5 to 9 took leading parts in the said strike and indulged in acts punishable with dismissal under the Standing Orders. Thereafter charge-sheets were issued against 13 workmen including the respondent Nos. 5 to 9 and they were charged under sub-cls. (3), (10), (11), (26) and (29) of clause 2 of Appendix-D.;