Judgement

SARKAR, J.: This is an appeal against the award of an industrial tribunal holding that the dismissal of two workmen by the appellant was unjustified and directing their reinstatement.

2. The appellant has a factory for making yarn out of jute. There were, among others, two departments in the factory, namely, the Spinning and the Batching Departments. The workmen concerned were Ramdhani and Sitaram and they were employed in the Spinning Department. The preliminary stage of the preparation of yarn takes place in the Batching Department which in an unfinished stage is passed on to the Spinning Department for final processing and it is thereafter used for weaving.

3. The appellant s case is that on March 22, 1958, a Roving Sardar of the Batching Department called Jagabandhu informed Ghosh, who was in charge of that department, that Ramdhani was throwing away as unusable some workable roves (slivers of jute drawn out and slightly twisted) which came from the Batching Department to the Spinning Department. Ghosh thereupon went to the Spinning Department and found that the report of the Roving Sardar was correct. He then asked the Roving Sardar to collect the roves thrown away by R