HIDAYATULLAH, J. - (1.) THIS is an appeal by special leave against the judgment dated 5 May, 1964, of the High Court of Orissa declining to interfere under Arts. 226 and 227 of the Constitution with the award, dated 27 September, 1963, of the industrial tribunal, Orissa, refusing to give approval to the dismissal of respondent 2 by the appellant-company. The matter arose under S. 33(2)(b) of the Industrial Disputes Act in the following circumstances.
(2.) THE Government of India referred on 3 July, 1962, to the tribunal a dispute regarding additional paid holiday every year on 2 October. This reference was pending before the tribunal till the award was delivered on 8 December, 1962. The present matter arose during the pendency of that dispute. Respondent 2, Das Gupta, was a mechanic in the Heavy Equipment section of the company and his duty hours were from 2 to 10 p.m. On 7 November, 1962, report of a breakdown of a shovel at one of the mines was received. This mine was three miles from the garage. Das Gupta left for the place in a dumper and repaired the shovel. The return journey was also performed in the same dumper and he drove with an electrician and another mechanic by his side in the driver's cabin. In the dumper sat two helpers and one P. C. Mohanti, an auto-electrician, and Ray, another mechanic of the company, who asked for a lift. It seems that Das Gupta was driving fast and Mohanti asked him to drive slowly. When Das Gupta did not listen to Mohanti, the latter took a handful of dust and rubbish from the floor of the vehicle and threw it on Das Gupta. Das Gupta says that the dust went into his eyes and further that Mohanti pushed through the window an iron and prodded him with it to make him comply. To cut the story short : it may be stated briefly that Das Gupta stopped the dumper and he and Mohanti grappled with each other. Das Gupta hit Mohanti with a spanner and plucked a handful of hair from his head. On the following day Das Gupta was served with the following charge : "It has been reported that you did assault auto-electrician P. C. Mohanti on the night duty of 7 November, 1962. This is your misconduct under the company's order 20, Sub-secs. (8) and (25)."
(3.) STANDING order 20(8) reads : "Drunkenness, fighting, riotous, disorderly or indecent behaviour." ;