Judgment

GUPTA, J. :- This appeal by special leave is directed against the Award made on August 9, 1973 by the Fifth Labour Court at Bombay deciding some of the issues arising for consideration in the reference before it.

2. The appellant company owns a factory at Thana near Bombay. Among the Workmen of the company are" Operators"who work under the supervision of "Chargehands". On December 30, 1970. One Ashok Bhambani who was an Operator employed in the Company s aforesaid factory is alleged to have threatened a Charge-hand, Ramesh Thadani, with assault because Ramesh Thadani had reported against another operator who was consequently removed from service. According to the Management Ashok Bhambani followed up this threat by assaulting Ramesh Thadani at abort 5.30 pm. that very day in the train between Thana and Mulund when Ramesh Thadani was on his way home after the day s work. Next day i.e. December 31, 1970 several Junior Assistants and Chargehands employed in the factory submitted to the Factory Manager a memorandum signed by them protesting against the assault on Ramesh Thadani. A chargesheet was served on Ashok Bhambani asking him to explain in writing why disciplinary action s