1971 (8) TMI 226 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the strike by the workmen.
2. Justification of the termination of workmen's services without a domestic enquiry.
3. Entitlement of workmen to back wages.
4. Validity of the termination of services of a specific workman, Shri Surat Singh.

Issue-Wise Detailed Analysis:

1. Legality of the Strike by the Workmen:
The judgment begins by detailing the events leading to the strike. The workmen went on strike on 25-1-59 after the suspension of a fellow worker, despite ongoing conciliation efforts. The Labour Court initially found the strike to be illegal due to pending proceedings before the Labour Court in Reference No. 150 of 1958. This finding was upheld by the Supreme Court, which noted that the strike was indeed illegal under Chapter V of the Industrial Disputes Act, 1947.

2. Justification of the Termination of Workmen's Services Without a Domestic Enquiry:
The primary issue was whether the termination of the workmen's services without holding a domestic enquiry was justified. The Supreme Court emphasized that even in cases of illegal strikes, the management must conduct a domestic enquiry to substantiate allegations of misconduct. The Court referred to previous judgments, including *Express Newspapers (P) Ltd. v. Michael Mark* and *India General Navigation & Railway Co. Ltd. v. Their Workmen*, which established that termination without an enquiry is generally invalid. However, the Court also noted that the management can justify the termination before the Tribunal by producing satisfactory evidence of misconduct. In this case, the management had issued multiple notices to the workmen, urging them to return to work, which they ignored. The Court concluded that the persistent refusal to join duty constituted misconduct, justifying the termination.

3. Entitlement of Workmen to Back Wages:
The Labour Court had initially awarded half back wages from 18-3-59 to the date the Award would become enforceable and full back wages from that date until reinstatement. However, the Supreme Court overturned this decision, finding that the termination was justified due to the workmen's misconduct. Therefore, the workmen were not entitled to back wages.

4. Validity of the Termination of Services of Shri Surat Singh:
The Court noted that there were no standing orders applicable to the appellant, making the termination of Shri Surat Singh invalid. The Labour Court's Award for his reinstatement was upheld, as the management conceded this point.

Conclusion:
The Supreme Court allowed the appeal, except for the Award concerning Shri Surat Singh, which was maintained. The Court held that the termination of the other workmen's services was justified due to their misconduct in persistently refusing to join duty. The Tribunal's direction for reinstatement and payment of wages was overturned, and no costs were ordered.