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1956 Supreme(Pat) 19

RAI, SINHA
South Bihar Sugar Mills Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sinha, J.

1. This rule was issued on the opposite parties, the State of Bihar, the Chairman, Industrial Tribunal, Bihar, Manna Lall and Ram Khelawan Lall. General Secretary, South Bihar Sugar Mills Workers Union, Bihta, to show cause why a direction or order, under Article 226 of the Constitution of India, shall not issue quashing the reference made by opposite party 1, under Notification No. III/D/1-8018/54L-862, dated 18-1-1955, and a writ in the nature of prohibition, under the same Article of the Constitution, shall not issue directing opposite party 2 to forbear from proceeding with, or taking any steps in, Reference No. 2 of 1955, pending before him.

2. The facts, in brief, are that opposite party 3, Manna Lall, was working as Sales Clerk in the Sugar Sales Department of the petitioner, Messrs. South Bihar Sugar Mills Ltd., Bihta. He was suspended with effect from 31-3-1952, on account of his having acted dishonestly and fraudulently in connection with the Mills business. It is alleged that Manna Lall acted dishonestly in the discharge of his duties. For the purposes of this application, it is not necessary to go into the details of the allegations made by the petitio































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