JUDGMENT

TULZAPUKAR, J.:— Since we are inclined to dispose of this appeal on a very short point we need be very brief in the narration of facts.

2. On 15th Sept. 1965 the appellant Anil Kumar, a Compounder with the first respondent-company was dismissed by the Management after holding an inquiry and finding him guilty of (i) having incited labourers and workers to disrupt the administration and working of the tea gardens and (ii) having indulged in trafficking in drugs and medicines entrusted to him by the company for supply and distribution to the workers free of cost. The Industrial Tribunal, before whom the validity of dismissal was challenged, held that the inquiry, if at all one was held, was unfair and that the charges had not been proved by the Management and, therefore, the dismissal was set aside and the appellant was directed to be reinstated with full back wages. A learned single Judge of the High Court confirmed the Tribunals Award, but in appeal the Division Bench reversed the decision of the Tribunal as well as of the learned single Judge holding that the domestic enquiry held by the Management was quite fair and proper and that Tribunal had in fact dealt with the case