AIR 1959 SUPREME COURT 923 ::1959 2 LabLJ 388 ::1959 MadLJ(Cri) 981 ::1959 (17) FJR 1 ::1960 SCJ 10

Supreme Court Of India

(From Calcutta - LATI)* 29th April, 1959.

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. N. Wanchoo , JJJ

Industrial Disputes Act (14 of 1947) , S.33, S.33A— Workmen taking part in go-slow tactics pending conciliation proceeding - Amounts to serious misconduct - Management suspending workmen and applying under S. 33 for permission to dismiss them - Suspension held not a punishment - Management held entitled to permission to dismiss them but was bound to pay wages for period of suspension. While conciliation proceedings were going on between the management of a Sugar factory and its workers in respect of certain demands the workmen continued to adopt go slow tactics in spite of the advice of the Labour Officer. The Labour Commssioner then @page-SC924 ordered the Labour Officer to tell the workmen that no further conciliation proceedings would take place until the go-slow was called off. The Labour officer then informed the management that it could take disciplinary action against the workmen concerned with the permission of the Industrial Tribunal. Consequently, the management suspended thirty-three workmen by a notice given on the night of January 31, 1952 as from February 1. It was said in the notice that these thirty-three workmen had been found taking a leading part in the unjustified go-slow which was in contravention of the Act and they were therefore suspended from service until further orders. This notice had some good effect....