N. Santosh Hegde, J. - (1.) The Management of Muriadih Colliery of M/s. BCC Ltd. is in appeal against the award made by the Central Industrial Tribunal (No. 2), Dhanbad dated 11.10.1991 in an industrial dispute referred to it under Section 10 of the Industrial Disputes Act, 1947.By the said award the Tribunal upholding the misconduct of the two workmen set aside the punishment of dismissal and directed reinstatement of the said workmen without payment of back wages and with permanent stoppage of one increment. The Tribunal also directed the workmen to give the continuity of their service.
(2.) The writ petition filed by the Management as against the said reduction in sentence before the learned Single Judge and an appeal before the Division Bench of the Patna High Court having been dismissed, the appellant management is in appeal before us.
(3.) The brief facts necessary for the disposal of this appeal are as follows: The two workmen were working as pump operator and trammer respectively under the management of Muriadih Colliery of M/s. BCC Ltd. On 11.5.1983 at about 11.15 a.m. mob consisting of about 200 persons variously armed with deadly weapons like lathi, bhalla bow and arrow came to the office premises of the General Manager, Barora area and amongst them the two respondent-workmen attacked Shri H.N. Tripathi, the General Manager of the area with a lathi on his head as a result of which he sustained bleeding injury and he had to be admitted to a hospital. These workmen with the rest of the mob further assaulted other officers of Barora area including one Shri K.K. Khadia, Area Manager, Personnel, Shri K. Bhardwaj, Inspector, CISF, Sher Singh, Havaldar and Bhim Singh. The motive for the said attack is stated to be an accident that occurred previously in regard to bursting of a water tank causing death of two persons. ;