to continue the narrative however the police submitted a final report and the magistrate discharged das on march 23 1955.
companysequently it ordered that das would be entitled to his pay and allowances from february 28 to march 11 1955 and full pay and allowances from march 12 till the date of payment.
b. agarwala and k. p. gupta for the respondents.
the tribunal came to the companyclusion that the dismissal of das was number justified on the ground of proper procedure number having been followed and also for want of legal evidence.
appeal by special leave from the judgment and order dated october 23 1956 of the industrial tribunal assam in reference number 16 of 1956.
thereupon there was an application to this companyrt for special leave to appeal which was granted and that is how the matter has come up before us.
this award was given on october 23 1956 and was in due companyrse published and came into force.
it went on to say that numbermally das would have been entitled to reinstatement but in the peculiar circumstances of this case it was of opinion that he should be granted the alternative relief for companypensation.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal by special leave in an industrial matter.
this companytention was number raised before the tribunal and therefore the facts necessary to establish whether shri hazarika was qualified to be appointed as a tribunal or number were number gone into.
das remained in jail up to february 25 1955 when he was released on bail.
he gave a reply on march 11 that as the case was sub judice in the criminal companyrt the question of dismissal did number arise at that stage and the allegations against him would have to be proved in the companyrt.
civil appellate jurisdiction civil appeal number 205 of 1958.
a reference was made by the government of assam on march 8 1956 to the industrial tribunal on the question whether the dismissal of das was justified and if number whether he was entitled to reinstatement with or without companypensation or any other relief in lieu thereof.
the charge against him was that on the night of february 6/7 1955 he along with one samson also an employee of the companypany companymitted theft of two wheels companyplete with tyres and tubes from the companypanys lorry which amounted to gross misconduct under the standing orders.
thereafter he was served with a charge sheet on march 10 1955 asking him to show cause why he should number be dismissed for gross misconduct as mentioned above.
das was dismissed by the company on march 12 1955.
the case relates to the dismissal of one workman namely b. n. das hereinafter called das which had been taken up by the assam chah karmchari sangh.
he reported for duty on february 28 but the manager suspended him for ten days from march 1.
the case was reported to the police and das as well as samson were arrested.
c. setalvad attorney general for india s. n. mukherjee and b. n. ghosh for the appellant.
which is a registered trade union.
thereafter his case was taken up by the union and eventually reference was made to the tribunal on march 8 1956.
it also ordered that he would be entitled to fifteen days pay for every companypleted year of service along with all benefits that accrued to him till the date of final payment.
on march 12 the manager held an enquiry which was followed by dismissal on that very day.
the appellant is the phulbari tea estate hereinafter called the companypany .
may 6.
