Judgment

MITTER, J.: This appeal by special leave arises out of an order of the Patna High Court setting aside the award dated 23rd February 1962 made by the Presiding Officer of the Labour Court, Ranchi and remitting the matter back to him for making a fresh award in accordance with the observations of the High Court.

2. The facts are as follows. The first respondent, Bishwanath Prasad,a workman of the appellant, made a complaint in writing to the officer in charge of Nirsa Police Station on September 19, 1960 stating inter alia that the members of his Union were being harassed repeatedly by the Management of the company and that the labourers had reported on that day that an Assistant Manager, a Labour Welfare Officer and the others had broken open the lock of the room of a worker by the name of Kashi Nath Singh and thrown away his belongings when he was actually on duty. The police were requested to take proper action against the said Assistant Manager. After enquiry the officer in charge Nirsa police station submitted a final report on 19th November 1960 to the effect that the complainant Bishwanath Prasad had deliberately brought a false complaint. The Sub Divisional Officer of