Judgment

K. N. WANCHOO J. : This is an appeal by special leave in an industrial matter. The appellant is the Phulbari Tea Estate (hereinafter called the company). The case relates to the dismissal of one workman namely B. N. Das (hereinafter called Das), which had been taken up by the Assam Chah Karmchari Sangh, which is a registered trade union. A reference was made by the Government of Assam on 8-3-l956, to the Industrial Tribunal on the question whether the dismissal of Das was justified; and if not, whether he was entitled to reinstatement with or without compensation or any other relief in lieu thereof. Das was dismissed by the company on 12-3-1955. The charge against him was that on the night of February 6/7, 1955, he along with one Samson, also an employee of the company, committed theft of two wheels complete with tyres and tubes from the company s lorry, which amounted to gross misconduct under the Standing Orders. The case was reported to the police and Das as well as Samson were arrested. Das remained in Jail up to 25~2-1955, when he was released on bail. He reported for duty on February 28; but the manager suspended him for ten days from March 1. Thereafter he was served