S. B. Sinha, J. - (1.) Leave granted.
(2.) Application of Section 11-A of the Industrial Disputes Act, 1947 (for short "the Act", as noticed by this Court in Firestone Tyre and Rubber Co. vs. The Management and others (1973) 1 SCC 813, in the facts and circumstances of the present case, is in question in these appeals which arise out of a judgment and order dated 16.02.2004 passed by a Division Bench of the High Court of Jharkhand at Ranchi in Letters Patent Appeal No. 348 of 2000 and Letters Patent Appeal No. 9 of 2001.
(3.) Krishna Kishore Yadav, Intervenor and one R.P. Singh were employees of the respondent. They were said to be Union leaders. On or about 17.02.1984, the respondent received a complaint from one G. Natarajan with regard to acts of misconduct committed by the said workmen in the factory premises contending that while he was having discussions with one Shekhar Rao, representative of the Contractor known as M/s. Techno Fab, the said workmen came and asked him as to whether there existed any arrangement for grant of first aid or not, whereto he replied that such a provision has to be made by the Company and not by the Contractor. Discussion therein ensued. The workmen were informed by Natarajan that the matter should be discussed with the Personnel Manager of the Company. One Shri Dara Singh, another Contractor being M/s. S. D. Construction also reached there. The same question was asked to Mr. Dara Singh to which also he replied that the grant of making provision of first aid was the duty of the Management and not that of the Contractor. The workmen started misbehaving with the said persons using indecent and unparliamentary languages. They were abused in a harsh tone whereto an objection was raised by Shri Dara Singh whereupon he was abused in filthy languages and threatened him with dire consequences. He was also assaulted by iron rod by the intervenor herein. Thereafter Shri Dara Singh also picked up an iron rod. R.P. Singh also picked up another iron rod in his hand. With the intervention of the officers and some workers, they were separated. The said workmen thereafter instigated the workers to stop the work.;