Judgement

DAS GUPTA, J. This appeal arises out of an industrial dispute between the appellant and its workmen. The disputes was with regard to the dismissal of 11 workmen and was referred to the Fifth Industrial Tribunal, West Bengal. In this appeal we are concerned with three only out of those 11, as the company was given special leave to appeal against the Tribunal s award in respect of these three. They are Manik Chandra Das, Nagen Bora and Monoharan.

2. We shall deal first with the case of Manik Chandra Das. It appears that on October 23, 1959 he was served with a notice in which it was alleged that a number of articles had been spoiled due to his faults. He was asked to show cause within 48 hours of the receipt of the notice why the company should not take disciplinary measures against him. In his reply of October 25, he denied any responsibility in the matter and mentioned that he had reported to the supervisor and sardars about the defective articles before hand and according to the advice given by them had painted borders. According to the managements an enquiry was held against Manik on October 29, 1959 and on the report of the enquiry officer, the Workers Manager, he was di