Case: Swadeshi Industries Limited Vs. Its Workmen

date of the agreement it was long before the date of the strike. There is some substance in this complaint; but that does not take away from the validity of the finding that the strike was justified.Whether the strike was justified or not is a question of fact and when on a consideration of all the facts and circumstances the Appellate Tribunal has come to the conclusion that the strike was justified, that finding is not vitiated merely because it placed undue weight on one or more circumstances. If these was evidence before the Appellate Tribunal on which it could reasonably come to the conclusion that the strike was justified we shall not be justified in interfering with that decision.It cannot be seriously suggested that in this case there was no such evidence before the Appellate Tribunal. Though the Charter of Demands submitted on the 26th is not on the record a fair idea of what was demanded therein can be obtained from the items mentioned in the Schedule. Items 1 to 5 of the Schedule are :1. Basic Pay.2. Dearness Allowance. 3. Bonus. 4. Provident Fund and Gratuity and 5. Leave and Holidays. It may be said that the provident fund had already been started by the Company in terms of the earlier agreement. It is not however clear that anything had been done as regards any gratuity scheme.Collective bargaining for securing improvement on matters like these viz., Basic Pay, dearness allowance, bonus, provident fund and gratuity, leave and holidays is the primary object of a trade union and when demands like these are put forward and thereafter a strike is resorted to in an attempt to induce the Company to agree to the demands or at least to open negotiations the strike must prima facie be considered justified.There is nothing to indicate that these demands were being put up frivolously or for any ulterior purpose. It is in this connection that Companys conduct as regards the implementation of the tenth term in the earlier agreement was of importance. This term provided that the case of the clerks will be taken up in the month of June next, when the matter will be settled amicably by Shri Nabjyoti Burman, Shri S. R. Poddar and Shri S. R. Biswas, Labour Officer in a conference. Admittedly meetings did take place between these three persons but no settlement was arrived at. The first Tribunal appears to have assumed that the opinion of the mediators was unfavourable to the workmen. This assumption was made merely from the fact that no report was made by the mediators. As the appellants Counsel fairly conceded there is no justification for such an assumption. All that we know is that these three persons, one from the Union, one from the Company and one from the Government Labour Department did meet. It is curious that the Company made no attempt to prove that it was the workers representatives who stood in the way of the settlement.5. In any case, the position in February 1951 was that since June 1949 when the case of the clerks was according to the agreement to be taken up, no settlement had been arrived at and the matter remained outstanding. In respect of the clerks therefore at least the demands for basic pay and dearness allowance etc.,was an issue in respect of which the Union should reasonably be considered to have felt the need for negotiation.6. All these mattes have been fully considered by the Appellate Tribunal and on such consideration it has arrived at the conclusion that the strike was justified. There is in our opinion not the slightest basis for thinking that this conclusion is perverse.7. The position therefore is that the conclusion of the Appellate Tribunal that the strike was not illegal and that it was justified remained unassailable. It was within a few days after the strike was launched that a general order terminating the services of all the workmen was made. The Appellate Tribunal thought that this order was made vindictively and mala fide, the purpose being to break the strike and weaken the position of the Mazdoor Union. Before us the Companys counsel has tried to suggest that these 230 members were guilty of violent activities. If that was the reason for which their services were sought to be terminated, it was necessary that it should be decided as a matter of fact by proper enquiry after giving reasonable opportunity to each workman to show the contrary that he was so guilty of violence. But no enquiry was held, no charge-sheet was framed and none of these 230 workmen had an opportunity to show that he was not guilty of any violence. Indeed the very manner in which a general order terminating the services of all workmen was made shows that the termination was intended to be the punishment not for any violent conduct or any other misconduct but for the mere fact of taking part in the strike. Besides no attempt has been made to prove by satisfactory evidence before the Tribunal the charge that any of their workmen were guilty of violence. In these circumstances the order of reinstatement made by the Appellate Tribunal is fully justified.8. The Companys Counsel drew our attention to the fact that while the order terminating the service of the workmen was made on May 24, 1951, the order of reinstatement was made in April, 1955. It is urged that in order to keep the factory going the Company had necessarily to appoint new men in place of those who had not joined though an opportunity was given to them.When however, as in this case, the order of termination itself bad reinstatement cannot ordinarily be refused merely because a long time has elapsed.It has further to be noticed that the Appellate Tribunal points out that no material was placed before it to show that new hands had been taken in by the Company. No such material was shown before us.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]5. In any case, the position in February 1951 was that since June 1949 when the case of the clerks was according to the agreement to be taken up, no settlement had been arrived at and the matter remained outstanding. In respect of the clerks therefore at least the demands for basic pay and dearness allowance etc.,was an issue in respect of which the Union should reasonably be considered to have felt the need for negotiation.6. All these mattes have been fully considered by the Appellate Tribunal and on such consideration it has arrived at the conclusion that the strike was justified. There is in our opinion not the slightest basis for thinking that this conclusion is perverse.7. The position therefore is that the conclusion of the Appellate Tribunal that the strike was not illegal and that it was justified remained unassailable. It was within a few days after the strike was launched that a general order terminating the services of all the workmen was made. The Appellate Tribunal thought that this order was made vindictively and mala fide, the purpose being to break the strike and weaken the position of the Mazdoor Union. Before us the Companys counsel has tried to suggest that these 230 members were guilty of violent activities. If that was the reason for which their services were sought to be terminated, it was necessary that it should be decided as a matter of fact by proper enquiry after giving reasonable opportunity to each workman to show the contrary that he was so guilty of violence. But no enquiry was held, nowas framed and none of these 230 workmen had an opportunity to show that he was not guilty of any violence. Indeed the very manner in which a general order terminating the services of all workmen was made shows that the termination was intended to be the punishment not for any violent conduct or any other misconduct but for the mere fact of taking part in the strike. Besides no attempt has been made to prove by satisfactory evidence before the Tribunal the charge that any of their workmen were guilty of violence. In these circumstances the order of reinstatement made by the Appellate Tribunal is fully justified.8. The Companys Counsel drew our attention to the fact that while the order terminating the service of the workmen was made on May 24, 1951, the order of reinstatement was made in April, 1955. It is urged that in order to keep the factory going the Company had necessarily to appoint new men in place of those who had not joined though an opportunity was given to them.When however, as in this case, the order of termination itself bad reinstatement cannot ordinarily be refused merely because a long time has elapsed.It has further to be noticed that the Appellate Tribunal points out that no material was placed before it to show that new hands had been taken in by the Company. No such material was shown before us.