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PETITIONER: LAKSHMI DEVI SUGAR MILLS LTD.
Vs.
RESPONDENT: PT. RAM SARUP.(and connected appeal)
DATE OF JUDGMENT: 24/10/1956
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA DAS, S.K. MENON, P. GOVINDA
CITATION: 1957 AIR 82 1956 SCR 916
ACT: Industrial Dispute-Application for permission to dismiss workmen-Jurisdiction of Appellate Tribunal-Scope of enquiry- Interim order of suspension by employer pending enquiry and receipt of permission-If amounts to a lock-out-If amounts to punishment -Prior Permission of the Appellate Tribunal, if required-Enquiry by General Manager-Non-co-operation by workmen-Enquiry not held within the prescribed time-If a breach of Standing Orders Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950), ss. 22, 23-Industrial Disputes Act (XIV of 1947), s. 33(a)(b)--Standing Orders, cl. L 12.
HEADNOTE: Seventy-six workers of the appellant company resorted to a tools-down strike in sympathy with a dismissed -co-worker. Repeated attempts to persuade them to resume work having failed the General Manager suspended them until further orders. After midday recess the Management sought to prevent the workers from entering the mills but they violently entered the mills and the Police had to be called in by the company to keep the peace. Charges of misconduct and insubordina...