It would be useful to set ,out at the outset certain undisputed facts namely : (1) that the Respondents went on a strike on 25 1 59; (2) that as there was a reference pending before the Labour Court that strike would be illegal, under Chapter V of the ; (3) that both the Labour Officers as well as the management tried to persuade the workers to join duty and after the demand notice dated 19 3 59 conciliation efforts were made but they did not resume work and made it a condition of their joining duty that the suspended workmen also should be taken back; 495 (4) that the management gave workers on strike notices on different dates asking them to join duty by a date specified therein and subsequently by another letter called upon them to justify their absence failing which they were informed that their names would be struck off from the muster roll; (5) that notwithstanding those notices and the willingness of the management to take them back the Respondent gave no reply and continued the strike till they were informed by letters dated 25 2 59, 4 3 59 and 17 3 59 that their names were removed from muster roll; and (6) that no domestic enquiry was held into the misconduct of the Respondents.