Judgment

WANCHOO, J. : This is an appeal by special leave against the decision of the Labour Appellate Tribunal of India in an industrial matter. The appellant is the Ranipur Colliery (hereinafter called the company) which carries on the business of coal mining in Dishergarh (West Bengal). The respondents are six workmen employed by the company. They along with another person were working as tub-checkers. It was found that they were making false reports both as to quality and quantity of coal, which it was their duty to check, with the result that the company suffered loss. Consequently, the company served charge-sheets on them and a regular enquiry was held on 13-4-l955, at which they were present and had full opportunity to give their explanation, cross-examine witnesses and generally contest the charge. The company came to the conclusion after the enquiry that the workmen were guilty of the misconduct with which they were charged and should be dismissed. As, however, an industrial dispute between the company and its workmen was pending before the Industrial Tribunal, the company applied under S. 33 of the Industrial Disputes Act (hereinafter called the Act) for permission to dism