Gajendragadkar, J. - (1.) An industrial dispute between the appellant, the Management of Ritz Theatre (Private) Ltd., and the respondents, its Workmen, from which this appeal arises was referred for adjudication to the Industrial Tribunal at Delhi by the Delhi Administration on November 13, 1959. The dispute was in regard to the termination of services of two of the appellant's employees, Jai Jai Ram and Mohd. Mia and the question referred for adjudication was whether the said two workmen should be reinstated with full back wages and to what relief they were entitled.
(2.) The appellant is a company which carries on the business of exhibiting cinema films in its theatre, the Ritz Cinema, and the two workmen had been its employees for several years past. It appeals that in August, 1958, charge sheets were served on the two workmen. Against Jai Jai Ram, four charges were framed. The first charge was that on August 1, 1958, he along with Mohd. Mia had given a beating with slaps and fist blows while on duty to Mool Krishan Nigam other employee at about 6 P. M. during the Matinee show of "Nausherwane-Adil"; the second charge was that he had misappropriated carbons belonging to the management; the third was that he had run Reel No. 9 on the picture "Bhabi" upside down on August 19, 1958 during the 6-30 P.M. show, and the last charge was that he had run over the Film Print of picture "Mother India" and thereby damaged the film print.
(3.) Against Mohd. Mia, three charges were framed. The first was in regard to the incident which took place on August 1, 19$8, in which he and Jai Jai Ram had acted together in beating with slaps and fist blows Mool Krishan Nigam; the second was that on August 25,1958, at about 3 P.M. during the show he had threatened Ramesh Chandra another employee and had abused him and pushed him out of the cabin; and the third was that on August 23,1958, while on duty he had left his cabin for half an hour without leave or permission or even without giving any information and was found taking tea in the restaurant during duty hours.;