- (1.) THIS appeal has been preferred against the judgment and order of the learned Single Judge who had been pleased to allow the writ petition partly by setting aside the award passed by the Industrial Tribunal in favour of the appellants -workmen to the extent that they would be entitled for payment of compensation for the period during which the respondent -factory was under closure.
(2.) IT is relevant to recollect that the specific term of reference which was referred to the Tribunal for adjudication is as follows: '' "Whether the workmen employed by M/s. Bajrang Mica Company Private Ltd., Jamdharia, P.O.Chas, District -Bokaro are entitled to get the pay and other benefits for the period of closure from 19.11.1990? If not, what relief they are entitled to - After adjudication of the aforesaid reference, the Tribunal was pleased to hold that the appellants -workmen would be entitled to wages for the period during which factory was under closure but simultaneously was also pleased to hold that the closure was bad in the eye of law. However, there was no positive direction to restart the factory.
(3.) THE respondent -management assailed the award by the Industrial Tribunal before the learned Single Judge by filing a writ petition and it was contended before the learned Single Judge that although compensation for the period of closure could be held payable by the respondent - management to the appellants -workmen, yet the finding of the Tribunal was perverse, in so far as the finding of fact recorded in regard to the closure was bad in the eye of law. The learned Single Judge, therefore, allowed the writ petition partly and set aside the finding in regard to the closure meaning thereby that the finding of fact recorded by the Tribunal holding therein that the closure was bad in the eye of law, was quashed and set aside. However, the learned Single Judge was further pleased to hold that the appellants -workmen would be entitled to compensation for the period during which they had discharged duty. Thus, the writ petition was partly allowed in favour of the respondent -management against which this appeal had been preferred by the appellants - workmen.;