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1962 Supreme(P&H) 56

S.S.DULAT, A.N.GROVER
Gopal Paper Mills Limited – Appellant
Versus
Industrial Tribunal, Punjab, Patiala – Respondent


Judgment

A.N.Grover, J.

1. This is an appeal under clause 10 of the Letters Patent against a judgment of a learned Single Judge dismissing a petition under Article 226 of the Constitution.

2. The appellant, which is a limited company, had in its employment Raj Kumar respondent No. 2 and Pritam Lal respondent No. 3 who had been serving as apprentices since 1954. On 26th March, 1959 these two persons exchanged abuse and had some sort of scuffle. The quarrel is stated to have been the result of some remarks attributed to Raj Kumar to the effect that the apprentices were not going to get any bonus. Both Raj Kumar and Pritam Lal were suspended on the same day and a charge-sheet was delivered to them. An enquiry was held by the management soon after. The Enquiry Officer submitted his report on 30th March 1950 holding that the fight between the two had in fact taken place but it was recommended that as they were young boys with a career ahead of them, they should be punished by only withholding their increments for one years. The General Manager issued show cause notices on 31st March 1959 in reply to which each of the aforesaid employees expressed regret and gave an assurance that such an
















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