Judgment

DAS GUPTA, J. : This appeal by special leave is against an order of the High Court of Judicature at Patna dismissing summarily an application of the present appellant under Art. 226 and Art. 227 of the Constitution. The appellant was a workman employed in the Digha factory of Bata Shoe Company (Private) Limited, since October, 1943. On January 13, 1954, the management of the company served him with a charge-sheet alleging that he had been doing anti-union activities inside the factory during the working hours and so was guilty under Sec. 12B (1) of the Standing Orders and Rules of the company. On January 14, he submitted a written reply denying the charge and asking to be excused. On January 15, the management made an order terminating his services, with effect from January 18, 1954. An industrial dispute was raised on this question of dismissal by the Union and was referred along with a number of other disputes to the Industrial Tribunal, Bihar, by a notification dated April 29, 1955. After written statements were filed by the Union and the management, February 20, 1956, was fixed for hearing at Patna. Thereafter numerous adjournments were given by the Tribunal on the join