9911796707
TMI Blog1963 (2) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the dismissal of 44 workmen. The issue which was referred was as follows:- "Whether the dismissal of the workmen mentioned in the attached list is justified ? What relief by way of reinstatement and/or compensation are they entitled to?" From November 5, 1957, to August 17, 1960, this reference remained pending before the First Labour Court. It was then transferred to the Seventh Industrial Tribunal and the letter made the impugned award on April 3, 1961. By the time the award was made two of the workmen (Nos. 12 and 37) had died and four had been reemployed (Nos. 31, 33, 34 and 35). One of the workmen (No. 22) was not found to be a workman at all. The Tribunal held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was to take effect from February 6, 1956, and then served charge-sheets on a large number of workmen charging them with participation in . the riot. The Work men replied denying their complicity. The Company then held enquiries and ordered the dismissal of a number of workmen with effect from January 18, 1956. A sample order of dismissal is exhibited as annexure F in the case. In the enquiry before the Tribunal the Union admitted the incident though it said that it was caused by provocation on the part of the Management. The Union, however, denied that any of the workmen who were charged was concerned in the affray pointing out that none of these workmen was prosecuted by the police. The enquiry was held by Mr., Marshall and Mr. Nichols an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the present case neither was any witness examined nor was any statement made by any witness tendered in evidence. The enquiry, such as it was, was made by Mr. Marshall or Mr. Nichols who were not only in the position of judges but also of prosecutors and witnesses. There Was DO opportunity to the persons charged to cross-examine them and indeed they drew upon their own knowledge of the incident and instead cross-examined the persons charged. This was such a travesty of the principles of natural ,justice that the Tribunal was justified in rejecting the findings and asking the Company to prove the allegation against each workman de novo before it. In the enquiry which the Tribunal held the Company examined five witnesses including Mr. Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the company to prove its case. It followed a standard which in the circumstances was prudent. We do not think that for this reason an interference is called for. Since no other point was argued the appeal of the Company in respect of the ten workmen, who were alleged to be concerned in the occurrence of January 18, 1956, must be dismissed. This brings us to the consideration of the three special cases. They concern Dasarath Barick (No. 25), Lea Bichu (No. 26) and Nester Munda (No. 27). Dasarath Barick was said to have threatened the loyal workers and to have prevented them from work on March 15, 1956. Lea Bichu was said to have forced the chowkidar to hand over the keys of the gate to him on the same day and to have locked the gate with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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