BUCKINGHAM AND CARNATIC COMPANY LIMITED Vs. WORKERS OF THE BUCKINGHAM AND CARNATIC COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal by special leave from a decision dated 27th June 1951 of the Labour Appellate Tribunal of India at Calcutta in appeals Nos. 94 and 138 of 1960, arising out of the award of the Second Industrial Tribunal, Madras.

(2.) The relevant facts and circumstances giving rise to the appeal are as follows. On 1st November 1948, 859 night shift operatives of the carding and spinning department of the Carnatic Mills stopped work, some at 4 P. M., some at 4-30 P. M. and some at 5 P. M. The stoppage ended at 8 P. M. in both the departments. By 10 P. M. the strike ended completely. The apparent cause for the strike was that the management of the Mills had expressed its inability to comply with the request of the workers to declare the forenoon of 1st November 1948 as a holiday for solar eclipse. On 3rd November 1948, the management put up a notice that the stoppage of work on 1st November amounted to an illegal strike and a break in service within the meaning of the Factories Act (25 of 1934) and that the management had decided that the workers who had participated in the said strike would not be entitled to holidays with pay as provided by the Act. This position was not accepted by the Madras Labour. Union. The Madras Government by an order dated 11th July 1949 made under S. 10 (1) (c), Industrial Disputes Act (14 of 1947), referred this dispute along with certain other disputes to the Industrial Tribunal Madras.

(3.) The Mills as well as the Union appealed aganist this decision to the Labour Appellate Tribunal. That Tribunal upheld the contention of the Mills that the adjudicator had no power to interfere with and revise the discretion of the management exercised by it under s. 49B (1). It also upheld the contention of the Union that what happened on the night of 1st November did not amount to a strike and did non cause any interruption in the workers' service. This is what the Tribunal said :