( 1 ) THE facts in this case are shortly as follows: The petitioner is a company, incorporated under the Indian Companies' Act. One of its collieries is known as the Loyabad Colliery. In or about June 1953, an Industrial dispute between the company and its workmen was pending before the Central Government Industrial Tribunal at Dhanbad. On or about the 18th September 1953, the second respondent Raghu Singh, filed complaint before the said Tribunal under Section 33-A of the Industrial Disputes Act 1947 (hereinafter called the "act") alleging that the petitioner had contravened Section 33 of the said Act by refusing- to allow him to work, and had thus wrongfully dismissed him without permission of the said Tribunal. In his complaint, the said respondent alleged that he had been absent from his work from 14th June, 1953 until 21st June, 1953 by reason of having been assaulted on the 14th June 1953, and having consequently been in hospital until the 20th June 1953. He further alleged that he had applied to the Manager of the Company to be allowed to resume his duties on the 22nd June, 1953, but he was not allowed to do so. The petitioner's case was that no application had be