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PETITIONER: THE BATA SHOE CO. (P) LTD.
Vs.
RESPONDENT: D. N. GANGULY & OTHERS
DATE OF JUDGMENT: 15/12/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B.
CITATION: 1961 AIR 1158 1961 SCR (3) 308 CITATOR INFO : R 1970 SC1851 (14) RF 1972 SC1895 (5) R 1978 SC 828 (10) RF 1980 SC1896 (132)
ACT: Industrial Dispute-Illegal Strike-Managerial enquiry and dismissal of workmen-Settlement without approval of conciliation officer--Competence of Reference--Management’s action against employees-Interference by Tribunal, if and when justified-Industrial Disputes Act, 1947 (14 of 1947), ss. 12, 18.
HEADNOTE: During the course of conciliation proceedings in respect of a dispute between the appellant company and its workmen a settlement was arrived at between the parties on February 18, 1954. Despite the settlement some of the workmen went on strike on February 23, 1954, but eventually it was called off on March 19 and 20, 1954. On the ground that the strike was illegal because it took place during the currency of a settlement, the appellant took steps to serve charge-sheets on the workmen who had joined the strike and, after a managerial inquiry, dismissed sixty of them. There were conciliation proceedings in respect of the dismissal of the workmen before the Labour Commissioner and an agreement was...