Judgment

WANCHOO, J. : This is an appeal by special leave against the order of the Central Government Industrial Tribunal, Dhanbad. The brief facts necessary for present purposes are these. A dispute was referred by the Central Government under S. 10 of the Industrial Disputes Act, No. 14 of 1947, (hereinafter referred to as the Act) with reference to the thirteen workmen involved in this appeal in the following terms :-

"Whether the dismissal of the following thirteen workmen of Bhatdee Colliery was justified? If not, to what relief are they entitled and from which date?"

It appears that the thirteen workmen had physically obstructed the surface trammers working in the colliery on different dates, namely, October 20, October 27 and November 3, 1959. Some of them had also incited the other workmen to join in this act of obstructing the loyal and willing trammers so that they may be prevented from working. This happened during a strike which was begun on October 20, 1959 by the Colliery Mazdoor Sangh to which the thirteen workmen in question belonged. In consequence the appellant served charge-sheets on thirteen workmen on November 9, 1959 charging that "they physically obstructed the surface trammers on duty at Nos. 1 and 2 Inclines from performing their duties and controlling the movement of the tubs of sitting in between tramline track and inciting" on various dates, thus violating regulation 38 (1) (b) of the Coal Mines Regulations. They were asked to explain within 48 hours why disciplinary action should not be taken against them under R. 27 (19) and R. 27 (20) of the Coal Mines Standing Order. The workmen submitted their explanations and an inquiry was held by the Welfare Officer of the appellant. The Welfare Officer found all the thirteen workmen guilty of the charges framed against them recommended their dismissal. As another reference was pending before this very tribunal in November 1959, the appellant made thirteen applications to the tribunal under S. 33 (2) (b) of the Act for approval of the action taken. Though the workmen submitted their replies in those proceedings they did not contest them thereafter, and the tribunal approved of the action taken. Thereafter the present references was made under S. 10 of the Act.

2. The case put forward by the workmen in the present reference was that there was no proper inquiry as the workmen were not given a chance to defend themselves. It was further submitted that the dismissals were nothing but victimisation pure and simple for trade union activities.

3. The tribunal apparently held that the inquiry was proper, though it has not said so in so many words in its award. It may be added that it could hardly do otherwise, for it had already approved of the action taken on applications made under S. 33 (2) (b) of the Act. If the inquiry had not been proper, the tribunal would not have approved of the dismissals. But the tribunal held that this was a case of victimisation. It therefore set aside the order of dismissal and ordered the reinstatement of the thirteen workmen within one month of its order becoming operative and ordered that they should be treated as on leave without pay during the period of forced unemployment. It did not grant back wages as the workmen had also contributed to their forced unemployment to some extent.

4. In the present appeal, the appellant contends that there was no evidence to justify the conclusion of the tribunal that the dismissals were an act of unfair labour practice or victimisation. We are of opinion that this contention of the appellant must prevail. The tribunal was not unaware of the fact that where a domestic inquiry is held properly, the tribunal does not sit in appeal on the findings of the domestic tribunal and it can only interfere with the punishment inflicted as a result of the domestic inquiry where there is want of good faith or basic error or violation of the principles of natural justice, or where the findings are perverse or baseless