D.P. Singh, J. - (1.) Heard Sri Vijai Bahadur Singh, Senior Advocate assisted by Sri Vijai Sinha for the petitioner and Sri Arvind Kumar, learned counsel for the respondent-workmen.
(2.) Pleadings have been exchanged between the parties and they agree that the writ petition itself may be disposed of under the Rules of the Court. All the respondents No. 3 to 6 were admittedly employed in the petitioner's mill in various capacities.
(3.) Brief facts giving rise to this writ petition are that the respondent No. 3 was facing an enquiry with regard to an incident occurring on 4.2.1967 and had been charge-sheeted. In another enquiry against respondent No. 6, the Inquiry Officer Sri S.C. Ghakad, Manager (Administration) had fixed 2.6.1987. On the date fixed, there was no electricity in the mill premises, so Sri Ghakad had arranged to hold the enquiry in the lawns at 10 A.M. At about 10.30 A.M., respondent No. 6 accompanied by respondent No. 3 and other respondent workmen came before the Inquiry Officer, Sri S.C. Ghakad, and abused him. This was followed by physical assault on him. On the intervention of the other officials of the mills and the security, they ran away from the scene after issuing threats to Mr. Ghakad for dire consequences. The matter was reported by Sri Ghakad to the General Manager and other officials of the mill. A first information report was also lodged about the said incident. The incident also found place in the local news papers. Thus, all the respondents-workmen were summarily dismissed on 3rd June, 1987. The said termination resulted in a reference under section 4-K of the U.P. Industrial Disputes Act, 1947. The said dispute was registered by Industrial Tribunal I, Allahabad as Adjudication Case No. 133 of 1991. The tribunal after examining the case found that no enquiry was held with respect to the incident of 2.6.1987 and further went on to hold that the enquiry with respect to respondent No. 3 which related to the incident of 4.2.1987 was not fair and proper. The parties led their evidence before the Tribunal. However, learned tribunal went on to hold that there was no evidence to prove the incident of 2.6.1987. Thus, the tribunal vide its award dated 31.3.1994 held the termination was bad and reinstated all the workmen with full back wages. This award of the tribunal dated 31.3.1994 has been impugned in the present writ petition.;