P.B.Mukharji, J. - (1.) This is an application by Messrs Williamson Magor and Co., Ltd. the Managing Agents of the Harchura Tea Estate, under Article 226 of the Constitution. It relates to an industrial dispute between the Company's workers and the Management. It seeks for a Writ of Certiorari to quash and set aside the decision of the Labour Appellate Tribunal of India dated 24-4-1956, allowing the appeal from the Industrial Tribunal and setting aside the order of dismissal and directing reinstatement of four workers.
(2.) The important questions canvassed on this application are the applicability of the Evidence Act, its strict rules of technicality, proof and onus to the procedure before the Industrial Tribunal and the validity of the assumption of jurisdiction by the Labour Appellate Tribunal under Section 7 (1) (a) of the Industrial Disputes (Appellate Tribunal) Act.
(3.) The four workers who were dismissed are the present respondents Ganpat, Sugan, Teteng and Lalit. The Industrial Tribunal made its Award on 14-4-1954, the reference of the dispute to the Tribunal was described as a dispute between the workmen of Harchura Tea Estate and the Management of Harchura Tea Estate.;