Judgment

SINHA, J. : This appeal by special leave raises the question of the validity and correctness of the Award dated 31-1-1957, of the Industrial Tribunal, Assam, directing the reinstatement, with all back wages, of one Nandeswar Bora, an employee of the appellant company which had dismissed him for misconduct, after holding a regular inquiry against him.

2. The appellant is a company incorporated under the English Companies Act, 1927, with its registered office in London. The appellant is the owner of Balipara Tea Estate in Assam, hereinafter referred to as "the Estate". Prior to 1953, McLoed and Company Limited was the Managing Agent of the appellant in respect of the Estate. Jardine Henderson Limited became the Managing Agent in 1953. Nandeswar Bora aforesaid had been in the employment of the appellant as a Women Mohurir in the Estate, and his duties included the preparation and maintenance of Leaf Weighment Book and the Daily Wages Book, also called Hazri book, in respect of female labour employed in the Estate, Female labour was employed in the Estate for plucking tea leaves and for doing other work on days when the female labourers were not doing the plucking work. The Leaf