Judgment

ASHOK BHAN, J.- Leave granted.

2. Management is in appeal.

3. The respondent workman was working as Senior Dumper Operator under the Management of the appellant. The workman was deputed at Open Cast Mine, West Bokaro on 2-3-1994 during the first shift from 5.00 a.m. to 1.00 p.m. The respondent left the place of his duty before the end of his shift duty and went to Rajiv Nagar area where Shri Harbans Kumar, Senior Officer (Security), along with a number of security personnel and other workers, was discharging his duties in connection with prevention of unauthorised constructions on the Company's land. The respondent workman along with few others approached Shri Harbans Kumar and shouted at him using abusive language and threatened him with dire consequences in case the unauthorised construction was demolished. The respondent workman, on being asked not to behave in the said manner, assaulted Shri Harbans Kumar with his hands and also resorted to brick batting as a result of which Shri Harbans Kumar and Shri S.P. Yadav sustained injuries on the face and other parts of the body.

4. The appellant Management issued a charge-sheet to the respondent workman whereby he was asked t