RAGHU SINGH Vs. BURRAKUR COAL CO LTD

JUDGEMENT

(1.) This is an appeal from an order of Sinha, J. dated 20th August 1957 made in a writ petition quashing the decisions of an Industrial Tribunal and of the Appellate Tribunal.

(2.) The respondent No. 1 Burrakur Coal Co. Ltd. which is incorporated under the Indian Companies Act carries on inter alia the business of coal mining. One of the collieries belonging to the Company is known as Loyabad Colliery and the appellant was a workman employed at the said Colliery as a piece-rated trammer.

(3.) In June 1953 proceedings in connection with an industrial dispute between the Company and its workmen were pending before the Central Government Industrial Tribunal at Dhanbad, Sri L.P. Dave. On 16th September 1953 the appellant filed a complaint before the said Tribunal under Section 33A of the Industrial Disputes Act alleging that the respondent Company had constravened Section 33 of the Act by refusing to allow him to work and had thus wrongfully dismissed him without the permission of the said Tribunal. In this complaint the appellant alleged that he had been absent from his work from 14th June, 1953 until 21st June 1953 by reason of having been assaulted on the 14th June 1953 and having consequently been in hospital until 20th June 1953. He further alleged that he had applied to the company's Manager to be allowed to resume his duties on 22nd June 1953, but he was not allowed to do so.