9911796707
TMI Blog1960 (1) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... ties under Section 10(1)(c) of the Industrial Disputes Act (XIV of 1947) to the Judge, Industrial Tribunal, Assam, for adjudication on the following issues : "(1) Whether the management of Itakhoolie Tea Estate was justified in declaring a lock-out in the garden from 13th September to 25th September, 1952. (2) If not, are the workmen involved entitled to wages for the above period." The said dispute between the management and the workmen of the Tea Estate arose under the following circumstances. On September 5, 1952, at 12 noon, the labourers wanted leave on the ground that it was raining, but the manager of the Estate refused to give the leave and directed them to pluck leaves in the afternoon also. The labourers did not do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to work but they had to make up for their late arrival in the evening by working after the schedule time for stoppage of work. The Manager declared a lock-out of all labour of the garden at 9 a.m. on September 13, 1952, and the lock-out continued till September 25, 1952, and the garden was opened on the morning of September 26, 1952. On the aforesaid facts the question arises whether the lock-out was justified. On issue (1) the Tribunal held on the material placed before it that the action of the Manager in declaring a lock-out at 9 a.m. was hasty, that it Was not just or equitable to punish all the labourers for the acts of indiscipline committed by a few of them and that, therefore, the lock-out was not justified. On issue (2) it found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refer an appeal against the award of the Appellate Tribunal in so far as it was against it, was entitled under Order XLI, Rule 22, of the Code of Civil Procedure to support the said award on any of the grounds decided against it by the original Tribunal, and, therefore, the Appellate Tribunal was wrong in disallowing its contention in that regard; and (ii) the labour refused to attend the conciliation proceedings on September 17, 1952, and therefore they were not entitled to compensation after that date. 4. The first question turns upon, the provisions of Order XLI, Rule 22, of the Code of Civil Procedure. There is cleavage of judicial opinion on the interpretation of this rule. One of the two divergent views is expressed by a division ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the suit." Some of the other High Courts agreed with the view expressed by the earlier division bench of the Madras High Court. It is not necessary to express our preference for one or the other of the views, as even on the assumption that the decision of the Full Bench of the Madras High Court lays down the correct law, the appellant will not be entitled to succeed. 5. Under Order XLI, Rule 22, of the Code of Civil Procedure any respondent may support the decree on any of the grounds decided against him in the Court below. But this does not, and cannot, confer on him a right higher than that he would have had if he had preferred an appeal against the ground decided against him. To put it differently, he cannot support the decree on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present case the appellant could have preferred an appeal from the award only under Sub-section (1)(a) i.e., if it involved a substantial question of law. If so, the question is whether the finding of the Tribunal that the lock-out was not justified involved any substantial question of law : if it did not involve any substantial question of law, the appellant could not have sustained the award of the Tribunal on the ground that the finding of the Tribunal was wrong. A perusal of the judgment of the Tribunal shows that it has considered the entire material placed before it and come to the conclusion that the lock-out was not justified. The finding is purely one of fact. The learned Attorney-General attempted to argue that the said findin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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