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The course of this precarious co-existence was often ruffled, and there was, now and then, some flare-up leading to strike, conciliation and even reference under Section 10. When one such reference was pending another unconnected dispute arose which, alter some twists and turns, led to an industrial break-down and a total strike. The episodic stages of this bitter battle will have to be narrated at length a little later. Suffice it to say that the Management jettisoned all the 853 workman and recruited some fresher to take their place and to keep the wheels of production moving. In the war of attrition that ensued, labour lost and capitulated to Capital. At long last, between the two, a reference to arbitration of the disputes was agreed upon under Section 10A of the Industrial Disputes Act 1947 (the Act, for short). The highlight of the dispute referred for arbitration was whether the termination orders issued by the Management against the workmen whose names were set out in the annexure to the reference were "legal, proper and justified"; if not, whether the workmen were 'entitled to any reliefs including the relief of reinstatement with continuity of service and full back wages'. The arbitrator's decision went against the Sabha while, on a challenge under Article 226, the High Court's judgment virtually vindicated its stand. This is the hang of the case. The substantial appeal is by the Management while the Sabha has a marginal quarrel over a portion of the judgment as disclosed in its appeal. The 'jetsam' workmen, a few hundred in number, have been directed to be reinstated with full or partial back pay and this is the bitter bone of contention.

Apportioning blame does not help now, but we refer to it here because Sri Ashok Sen, with feeling fury, fell foul of the criticism by the High Court that the Management had acted improperly in insisting on arbitration, and argued that when parties disagreed, arbitral reference was the only answer and the workers' fanatical rejection of arbitration made no sense We need not delve into the details of the correspondence relied on by either side to reach the truth. For, the Unions case is that in the prior settlement between the two parties arbitral reference came only after negotiations failed. That was why they pressed the Management to reason together, avoiding wrestling with each other before a slow-moving umpire.

We agree that industrial law promotes industrial life, not industrial death, Any realism is the soul of legal dynamics. Any doctrine that destroys industrial progress interlaced with social justice is lethal juristic and cannot be accepted. Each side has its own version of the role of the other which we must consider before holding either guilty. Sri Tarkunde told us the tale of woe of the workmen. In 3 country where the despair of Government is appalling unemployment it is a terrible tragedy to put to economic death 853 workmen. And for what? For insisting that the pittance of Rs. 100 per month be raised in terms of the Central Wage Board recommendations, as long ago agreed to by the Management but put off by the tantalizing but treacherous offer of arbitration. When the point admitted of easy negotiated solution. Arbitration looks nice, but. since 1969, the hungry families have been yearning for a morsel more, he urged. Blood, toil, sweat and tears for the workers and all the profits' and production for the Management, was the industrial irony! Knowing that every arbitral or other adjudicatory agency in India, especially when weak Labour is pitted against strong Capital in the sophisticated processual system, consumes considerable time, the lowly working class is allergic to this dilatory offer of arbitration. They just don't survive to eat the fruits. Such was his case.

"I accept that, with this qualification that I do not like the word 'tribunal'. The word is, ambiguous, because it has not like 'court' any ascertainable meaning in English law" (Royal Acsuarium v. Parkinson. [1892] Q.B. 431, cited COURT) .

There is a reference to the bishop's commission of enquiry as judicial tribunal and, significantly, specific mention has been made in these terms.

"Disputes between employers and employees are A referred to such tribunals as the Civil Service Arbitration Tribunal, National Arbitration Tribunal and the Industrial Disputes Tribunal". (Stroud's Judicial Dictionary p. 3094) We have hardly any doubt that 'tribunal' simpliciter has a sweeping signification and does not exclude 'arbitrator'.