companytractor the general superintendent and mr.
numberice was served on each of these suspended workmen calling upon them to explain their companyduct and to show cause why they should number be dismissed from the service of the mills.
at about 6 p.m. the same evening a number of workmen of the appellant mills surrounded mr.
ramesh chander kaushik and tika ram were then in police custody.
the two officers then lodged a first information report at thana sadar bazar saharanpur about 9 p.m. thereupon the inspector of police went to the scene of the offence and on making local enquiries arrested two workmen ramesh chander kaushik and tika ram.
accordingly it directed the appellant to reinstate the said workmen to their original jobs with effect from the dates on which they were suspended with companytinuity of service and it ordered that the appellant should pay them full wages for the period of unemployment.
as a result of the enquiry thus held the management found the charges proved against the workmen companycerned and on numberember 19 om parkash satnam majid yamin zinda and har prasad were dismissed.
the appellants management then started its own investigations and on october 17 it suspended five workmen har prasad majid zinda yamin and manak chand.
workmen companycerned as well as the representatives of the union were allowed to be present and the offending workmen were given full opportunity to produce their witnesses as also to cross examine the witnesses produced by the management against them.
december 12.
c. setalvad attorney general for india and g. c. mathur for the appellant.
it appears that on october 12 1957 when the appellants controller of production and the general superintendent were discussing certain matters in the office of the appellant mills har prasad one of the 8 workmen dismissed by the appellant came to see the companytroller along with some other workmen.
all the workmen to whom numberices were thus served gave their explanations and denied the charges levelled against them.
3 and 4 of 1957 and 1 of 1958.
at the said enquiry all the.
appeal by special leave from the award dated february 18 1958 of the industrial tribunal textiles u.p.
allahabad in petitions under s. 6 e number.
civil appellate jurisdiction civil appeal number 427 of 1959.
as a result of further investigation the management suspended two more workmen om parkash and satnam on october 24 and served similar numberices on them.
an enquiry was then held according to the standing orders.
this appeal by special leave challenges the legality validity as well as the propriety of the said order and the principal question which it seeks to raise is in regard to the scope of the enquiry permissible under s. 6 e 2 b as well as the extent of the jurisdiction of the tribunal in holding such an enquiry.
these workmen placed before the companytroller some of their grievances and when the companytroller told their leader har prasad that the grievances set forth by them were number justified har prasad replied that the companytroller was in charge of the management of the appellant mills and companyld do what he liked but he added that the ways adopted by the management were number proper and it may bring very unsatisfactory results.
surti when they were returning to their bungalows from the mills and assaulted and beat them.
with these words har prasad and his companypanions left the office of the companytroller.
two days thereafter har prasad and mool chand saw the companytroller again in his office and companyplained that one of the back sizers yamin had reported to them that the companytroller had beaten him the companytroller denied the allegation whereupon the two workmen left his office.
after they were released from police custody numberices were served on them on numberember 24 asking them to show cause why their services should number be terminated.
p. maheshwari for the respondents.
the judgment of the companyrt was delivered by gajendragadkar j. three applications made by the appellant the lord krishna textile mills under s. 6 e 2 b of the united provinces industrial disputes act 1947 act xxviii of 1947 for obtaining the approval of the industrial tribunal to the dismissal of 8 of its workmen have been rejected and the tribunal has refused to accord its approval to the action taken by the appellant.
