- (1.)This is an appeal against the award of an industrial tribunal holding that the dismissal of two workmen by the appellant was unjustified and directing their reinstatement.
(2.)The appellant has a factory for making yarn out of jute. There were, among others, two departments in the factory, namely, the Spinning and the Batching Departments. The workmen concerned were Ramdhani and Sitaram and they were employed in the Spinning Department. The preliminary stage of the preparation of yarn takes place in the Batching Department which in an unfinished stage is passed on to the Spinning Department for final processing and it is thereafter used for weaving.
(3.)The appellant's case is that on March 22, 1958, a Roving Sardar of the Batching Department called Jagabandhu informed Ghosh, who was in charge of that department, that Ramdhani was throwing away as unusable some workable roves (slivers of jute drawn out and slightly twisted) which came from the Batching Department to the Spinning Department. Ghosh thereupon went to the Spinning Department and found that the report of the Roving Sardar was correct. He then asked the Roving Sardar to collect the roves thrown away by Ramdhani for being placed before the appropriate authority for inspection. Ghosh obviously intended to make a complaint against Ramdhani's work to the superior authority. At this Ramdhani, who was a Sardar in the Spinning Department, tried to prevent the Roving Sardar from collecting the roves. On Ghosh intervening, Ramdhani took a menacing attitude and abused him in filthy language. Soon, Sitaram, another Sardar of the Spinning Department, who had nothing to do with the matter, came there and took the side of Ramdhani. He also abused Ghosh and further threatened him with violence.