JUDGMENT

UNTWALIA, J:— This appeal on certificate granted by the Patna High Court under the Article 133 (1) of the constitution of India as it stands after the 30th Constitution Amendment Act is by the Management of the Monghyr Factory of India Tobacco Company Limited impleading the Labour Union as respondent No. 2 and the concerned workman as respondent No. 3. The State of Bihar is respondent No. 4.

2. Respondent No 3 was working as an operator on a packing machine in the appellants factory at Monghyr on May 21, 1966 when he is said to have committed certain acts of misconduct. A charge-sheet was served on him by the Management on May 24. At the domestic inquiry held by the Management, he was found guilty and eventually dismissed from service on June 9, 1966. On the raising of an industrial dispute, it was referred for adjudication by the Government of Bihar to the Labour Court, Patna, respondent No. 1 by a notification dated the 6th/17th February, 1968. The Labour Court made an award on November 23, 1970 ordering reinstatement of the workman Shri Ram Krishan Pathak, respondent No.3, with all his back wages from the date of dismissal till the date of reinstatement. The appellant ch