Untwalia, J. - (1.) This appeal on certificate granted by the Patna High Court under the Article 133 (1) of the constitution of India as it stands after the 30th Constitution Amendment Act is by the Management of the Monghyr Factory of India Tobacco Company Limited impleading the Labour Union as respondent No. 2 and the concerned workman as respondent No. 3. The State of Bihar is respondent No. 4.
(2.) Respondent No 3 was working as an operator on a packing machine in the appellant"s factory at Monghyr on May 21, 1966 when he is said to have committed certain acts of misconduct. A charge-sheet was served on him by the Management on May 24. At the domestic inquiry held by the Management, he was found guilty and eventually dismissed from service on June 9, 1966. On the raising of an industrial dispute, it was referred for adjudication by the Government of Bihar to the Labour Court, Patna, respondent No. 1 by a notification dated the 6th/17th February, 1968. The Labour Court made an award on November 23, 1970 ordering reinstatement of the workman Shri Ram Krishan Pathak, respondent No.3, with all his back wages from the date of dismissal till the date of reinstatement. The appellant challenged the award by filing a Writ Petition in the High Court, which was dismissed on July 23, 1973.
(3.) At the instance of the Management, a certificate of fitness was granted by the High Court on February 22, 1974. Since by that time Art. 133 (1) had been amended by the 30th Constitution Amendment Act, the certificate was granted in accordance with it. In the order granting the certificate it is mentioned that three points were urged by the appellant but the High Court thought that two of them were such as would not justify the grant of the certificate, but one of the points involved in the case was a substantial question of law of general importance and the said question needed to be decided by the Supreme Court, Pursuant to the grant of the certificate a petition of appeal was filed in this Court followed in the usual course by a statement of the case. Various other points which have been argued on behalf of the Management before the Labour Court as also in the High Court were taken in the petition of appeal and the statement of the case.;