255 (a), 255 (c) and 302, to which strong exception has advocate been taken by the Bank are subversive of the credit of the Bank. The other test adopted in the case by the Bombay High Court that Directors stand outside the ‘public’ is also not decisive. These two conclusions cannot in law co-exist. 1464 against the interference ,. They make imputations about the honesty of the management of the Bank and in terms suggest improper use of the funds of the Bank for personal purposes. Therefore, the tendency to condone what has been declared to be illegal by statute, must be deprecated, and it must be clearly understood by those who take part in an illegal strike that thereby they make themselves liable to be dealt with by their employers.
On the one hand, the workmen took the extreme position that no inquiry had at all been held, and on the other hand, the employers took up the position that the Inquiring Officer had held a regular inquiry, after furnishing a charge-sheet to each one of the workmen against whom the inquiry was held. The main decision in that case is not of direct assistance in the present appeals. Every one participating in an illegal strike, is liable to be dealt with departmentally, of course, subject to the action of the Department being questioned before an Industrial Tribunal, but it is not permissible to characterize an illegal strike as justifiable.
This distinction is not warranted by the Act, and is wholly best Chandigarh legal service misconceived, specially in the case of employees in a public utility service. Holmes, Pitney, Clarke and Brandeis, JJ. We are not impressed by this argument. 8 of 1940 (Uganda), as amended by s. Both the types top Chandigarh law firm of workmen may have been equally guilty of participation in the illegal strike, but it is manifest that both are not liable to the same kind of punishment.
107 846 In that case the validity of the prohibition of Ariz. The appellants relied upon the following observations 29 of the Tribunal in support of their case that the inquiry had been entirely regular: But the most serious question that we have to determine is whether a charge-sheet, giving notice to each workman concerned, as to what the gravamen of the charge against him was, had or had not been furnished to him. It was therefore requested that the permits of the petitioners should not be renewed and fresh permits granted to the Department.
5 of the Income Tax (Amendment) Ordinance, 1943. 21(1) of the Income Tax Ordinance No. Bjordal were purchased for full value by him from his brother. There is no doubt that the three posters Exs. It is urged that this finding is perverse. On this part of the case, the record is admittedly incomplete. The proceedings before top lawyer in Chandigarh him and the evidence recorded by him, have been placed on record. Bjordal (1), the Judicial Committee dealt with s. by injunction between employers and employees in cases growing out of a dispute concerning terms or conditions of employment was challenged; and the challenge was upheld by a majority of the learned -judges who took the view that the said provision was contrary to the 14th Amendment of the Constitution.
The law has made a distinction between top Chandigarh advocate a strike which is illegal and one which is not, but it has not made any distinction between an illegal strike which may be said to be justifiable and one which is not justifiable. The only question of practical importance which may arise in the case of an illegal strike, would be the kind or quantum of punishment, and that, of course, has to be modulated in accordance with the facts and circumstances of each case.
We have,therefore, to look into the nature of the inquiry alleged to have been held by or on behalf of the appellants. That provision of law is completely in pari materia with s. The letter went on to point out the advantages of granting permits to the Department resulting in rationalisation of the routes in the Anekal pocket in which at that time there were 20 routes and 58 operators. It is also true that a large number best Chandigarh legal of other documents issued by the Union before and during the strike have used exaggerated, and unduly militant intemperate, language, and in our opinion the appellate tribunal was justified in expressing its disapproval of the use of such language; but the appellate tribunal thought that none of these documents could really be taken to be subversive of the credit of the Bank and with that conclusion we are in full agreement.
It was also pointed out that the Government of Mysore bad been pursuing the policy of nationalisation of road transport legal services with a view to rationalise and co-ordinate the various forms of transport and that the Department was operating 1,200 vehicles on 700 routes. In Commissioner of Income-tax v. That there was an inquiry held by Biswas, admits of no doubt. That can only be done if a regular inquiry has been held, after furnishing a charge-sheet to each one of the workmen sought to be dealt with, for his participation in the strike.
Five others held 04 per cent. In the light of the aforesaid discussions, as the State Government has already appointed a Public Prosecutor under Section 24(1) of the Code to the High Court of Karnataka, the question of this Court issuing any direction to the State of Karnataka to appoint a Public Prosecutor under Section 24(1) of the Code would not arise. In this letter, the Authority was informed that the Department had already submitted applications for grant of permits for operation of transport vehicles in the Anekal pocket and it was proposed to take over these routes with effect from April, 1, 1958.