LALIT MOHAN SHARMA, J.

1. The main point urged in these cases relates to the interpretation of section 11A of the Industrial Disputes Act (hereinafter referred to as the Act).

2. The Government of Bihar made a reference to the Industrial Tribunal Bihar, under S. 10 of the Act about the justification and legality of the dismissal of one Chandradeep Singh, an employee of Rohtas Industries Ltd., the petitioner in C. W. J. C. 1779 of 1975; and the Tribunal by its award (annexure 1 to the writ application) held that the order of dismissal could not be upheld. The workman, however, was not reinstated and was allowed compensation. The petitioner-company has challenged the award in C. W. J. C. 1779 of 1975; and by the writ application in C. W. J. C. 1919 of 1975. the workman claims his reinstatement in service. Both the cases have been heard together.

3. The workman was served with a chargesheet on 10-8-1968 which is quoted in Para 11 of the award (Annexure 1). He was employed as a Dresser in the hospital run by the petitioner-company and on 1-6-1968 he, according to the charge, misbehaved with the Chief Medical Officer, Dr. Jagdish Narain Singh. The chargesheet also stated that th