Mitter, J. - (1.) This appeal by special leave arises out of an order of the Patna High Court setting aside the award dated 23rd February 1962 made by the Presiding Officer of the Labour Court, Ranchi and remitting the matter back to him for making a fresh award in accordance with the observations of the High Court.
(2.) The facts are as follows. The first respondent, Bishwanath Prasad,a workman of the appellant, made a complaint in writing to the officer in charge of Nirsa Police Station on September 19, 1960 stating inter alia that the members of his Union were being harassed repeatedly by the Management of the company and that the labourers had reported on that day that an Assistant Manager, a Labour Welfare Officer and the others had broken open the lock of the room of a worker by the name of Kashi Nath Singh and thrown away his belongings when he was actually on duty. The police were requested to take proper action against the said Assistant Manager. After enquiry the officer in charge Nirsa police station submitted a final report on 19th November 1960 to the effect that the complainant Bishwanath Prasad had deliberately brought a false complaint. The Sub Divisional Officer of the District acting on the final report dismissed the complaint on 12th January 1961. The Management served the respondent Bishwanath Prasad with a charge sheet on 23rd January 1961 to show cause why disciplinary action should not be taken against him for his misconduct subversive of discipline in making serious defamatory allegations against the officers in general and to two of the officers in particular who had been put to great harassment and humiliation at the investigation by the police. The explanation given by Bishwanath Prasad to the charge sheet was that he had made the report to the police after receiving a complaint from Kasinath Singh, a member of his Union with no intention to undermine the prestige of the officers concerned and the discipline in the factory, but simply to pacify the workers who were very much excited owing to the action of the officer. It appears that an enquiry into the matter was fixed by the Management and the respondent was asked to appear at the enquiry on 30th January, 1961 but he failed to attend the same and sent a letter "asking for an open enquiry in which representatives of the Labour Department, Dhanbad should be present". The enquiry officer sent in his report and the Management acting thereupon dismissed the respondent from service with effect from the date of suspension, namely. 23rd January, 1961.
(3.) Quite unconnected with the above matter, there was trouble in the factory on 10th January 1961 when one group of workers is alleged to have assaulted another group due to inter-Union rivalry. The Company dismissed 10 workmen on the ground of their assaulting two others on 28th January, 1961.;