This rule arises out of a petition under Art. 226 of the Constitution by which the award given by the presiding officer, labour court, Assam, is assailed.

The facts are that two persons, Rampabitra Robidas and Bhukla Rikiason, were employed in the Arcuttipore Tea Estate owned and possessed by Arcuttipore Tea Company, Ltd., of Cossipore, District Cachar. On 23 March, 1957 some workers were involved in a riot and it is alleged that the manager was assaulted by these persons. On the basis of the conduct of these workers on 23 March 1957 the two workers who have been named above along with some others were dismissed by the management. A criminal case was started against these persons and the two persons, Rampabitra Robidas and Bhukla Rikiason, were acquitted. The union took up the case of these two persons and reference was made to the labour court for adjudication on the following points:

(1) Whether the management of Arcuttipore Tea Estate are justified in dismissing Rampabitra Robidas and Bhukla Rikiason?

(2) If not, any they entitled to reinstatement or any other relief in lieu thereof?

The labour court came to the conclusion that the dismissal was not justified as no i