Law:

Section:

(a) Industrial Disputes Act (XIV of 1947),'S. 19-Terminal date of settlement-To be fixed with certainty. (b) Industrial Disputes Act (XIV of 1947), S. 18-Agreements entered into under settlement binding on employers and employees. (c) Industrial Disputes Act (XIV of 1947), Ss. 23 (c) & 24­Calling of strike highly responsible act-Strike called on ground of grievances already settled-Illegal-Addition of false pretexts does not affect illegality-Award of Tribunal re-instating employees, in case of illegal strike, set aside. (d) East Bengal Shops and Establishments Act, 1951, S. Illegal strike falls within "gross misconduct." JUDGMENT CORNELIUS, J.-This appeal by special leave is brought before the Court by Messrs M. M. Ispahani Limited, a company doing business at Chittagong, and employing, on their own statement, about 170 persons on the office staff at the Head Office. The First Industrial Tribunal at Dacca, in a dispute referred to him by the Government of East Pakistan under the Industrial Disputes Act, 1947, has by his award dated the 23rd April 1959 directed that 28 of the office employees of the Company, who were dis­missed by letter dated the 22nd February 1958, should be reinstated, and that one employee, a person named Kabir Ahmad who had by order dated the 31st December 1957, been reverted from the post of a clerk to his original post of office peon should be reinstated as a clerk. The reference was in respect of seven matters of difference, namely :----- (2) "Whether the dismissal of 28 employees effected on 22nd February 1958 was justified and if not, whether they should be re-instated ? (2) If any bonus should be given for 1956 ? (3) If any improvement in the existing medical facilities is called for ? (4) If any overtime allowance for outdoor labour staff should be given and the rate thereof ? (5) If the grades and pay-scales have been properly fixed as per provision of the Agreement ? (6) Whether the two employees namely-Kabir Ahmad and Ejlash Mia should be re-instated in their former position ? (7) (By subsequent notification) fixation of working hours for Darwans". Relief has been given by the award in respect of items Nos. 1 and 6 only.…

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