(1.) THIS rule arises of out of an application under Article 226 of the Constitution praying for issue of a writ of certiorari, mandamus or any other appropriate writ quashing the award of the labour court, Assam, dated 15 September I960.
(2.) BY notification, dated 29 July 1959, the following points were referred to the labour court, Assam, for adjudication by the State Government of Assam:
(3.) BEFORE examining the argument advanced by the counsel, it will be necessary to refer to the facts. The case of the management was that on 19 January 1957 and 10 December 1957, Banamali, sirdar, the workman concerned was duly warned, and on the second occasion his commission for a month was also out as he did not supervise the work of the garden labourers properly. It was expected that by these punishments he would be more active and serious In his duties, but he did not do so and on 8 March 1958, when the manager went to Inspect planting work, he found that the work of the labourers under his supervision and control was not up to the required standard.