FORT WILLIAM COMPANY LTD Vs. RAM DEO RAM

JUDGEMENT

(1.) This is an appeal under clause 15 of the Letters Patent. The appeal is directed against the judgment and order dated March 21, 1975, passed by a learned single Judge of this court dismissing a writ petition which was registered as Civil Rule No. 822 (w) of 1973. The facts leading to the writ petition may shortly be stated.

(2.) On March 22, 1972, while the mill manager of the appellant company was on a round he found oil dripping from the tray below the guide pulleys in the winding department. Obviously the oil was overflowing from the tray in spite of the existence of a pipeline for dis charge of such oil and he directed a workman Shyamdhani to get up to the tray and find out the cause for such overflowing. Shyamdhani, however, reported that nothing was wrong either in the tray or in the net over the pipeline attached to the tray. The mill manager immediately directed an assistant overseer to go up and check and the said overseer found that the net over the waste oil discharge pipe was choked by threads and fibres causing overflowing of the oil.

(3.) Thereupon on March 25, 1972. Shyamdhani was charge-sheeted for deliberately making a wrong report suppressing the fact, as aforesaid. Shyamdhani furnished an explanation. In this explanation it was revealed that the first respondent Ramdeo, another workman had caused the aforesaid jam on the net and the oil pipe attached to the tray by putting in threads and fibres and this Ramdeo had said to Shyamdhani who was further instructed to put in more oil so that the oil may overflow. In this explanation Shyamdhani further stated that he not having agreed to put in more oil than what was required Ramdeo had threatened him that results would be very bad and due to this threat he had not earlier disclosed the thing to anybody.