Sinha, J. - (1.) The facts in this case are shortly as follows : The petitioner is the Bank of India Ltd. (hereinafter called the Bank). Respondents 2-13 were employed by the Bank in its office at 23B, Netaji Subhas Road. Respondents 2, 3, 4, 5, 6 and 10 were appointed as clerks on probation, respondents 7, 8 and 9 were temporary clerks and respondents 11, 12 and 13 were temporary sepoys, also employed as peons.
(2.) These persons were appointed at various periods between March and May 1951. According to the terms of their appointment, they were on probation and were liable to be dismissed within six months of their appointment, or at the expiration of that period, without assignment of any reason whatever for such dismissal. It is not disputed before me that all of them were in temporary employment and they were not confirmed and made permanent at any time. The employees of the Bank were having disputes with the Bank for some time. Ultimately, notice was given through their Union that unless their grievances were acceded to, there would be a general strike on 24-12-1951. This was immediately prior to the annual closing of accounts and the intention was obviously to paralyse the working of the Bank.
(3.) At the relevant time, the Bank had 37 temporary employees including the said respondents, and an effort was made to ensure that the work of the Bank was carried on through the temporary employees, if there was a strike by the permanent hands.;